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Download Legal Document Case 4:19-cv-00892-HSG Document 210-2 Filed 10/11/19 Page 1 of 151 1 DROR LADIN* NOOR ZAFAR* 2 JONATHAN HAFETZ* HINA SHAMSI* 3 OMAR C. JADWAT* AMERICAN CIVIL LIBERTIES UNION FOUNDATION 4 125 Broad Street, 18th Floor New York, NY 10004 5 Tel: (212) 549-2660 [email protected] 6 [email protected] [email protected] 7 [email protected] [email protected] 8 *Admitted pro hac vice 9 CECILLIA D. WANG (SBN 187782) AMERICAN CIVIL LIBERTIES UNION FOUNDATION 10 39 Drumm Street San Francisco, CA 94111 11 Tel: (415) 343-0770 [email protected] 12 Attorneys for Plaintiffs (Additional counsel listed on following page) 13 14 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 15 SAN FRANCISCO-OAKLAND DIVISION 16 SIERRA CLUB and SOUTHERN BORDER COMMUNITIES COALITION, Case No.: 4:19-cv-00892-HSG 17 Plaintiffs, 18 REQUEST FOR JUDICIAL NOTICE v. IN SUPPORT OF PLAINTIFFS’ 19 MOTION FOR PARTIAL SUMMARY DONALD J. TRUMP, President of the United JUDGMENT 20 States, in his official capacity; MARK T. ESPER, Secretary of Defense, in his official capacity; Date: Nov. 20, 2019 21 KEVIN K MCALEENAN, Acting Secretary of Time: 10:00 AM Homeland Security, in his official capacity; and Judge: Honorable Haywood S. Gilliam, Jr. 22 STEVEN MNUCHIN, Secretary of the Treasury, Dept: Oakland in his official capacity, Date Filed: Oct. 11, 2019 23 Defendants. 24 25 26 27 28 PLAINTIFFS’ REQUEST FOR JUDICIAL NOTICE ISO MOTION FOR PARTIAL SUMMARY JUDGMENT CASE NO: 4:19-cv-00892-HSG Case 4:19-cv-00892-HSG Document 210-2 Filed 10/11/19 Page 2 of 151 1 Additional counsel for Plaintiffs: 2 SANJAY NARAYAN (SBN 183227)** GLORIA D. SMITH (SBN 200824)** 3 SIERRA CLUB ENVIRONMENTAL LAW PROGRAM 2101 Webster Street, Suite 1300 4 Oakland, CA 94612 Tel: (415) 977-5772 5 [email protected] [email protected] 6 **Counsel for Plaintiff SIERRA CLUB 7 MOLLIE M. LEE (SBN 251404) AMERICAN CIVIL LIBERTIES UNION 8 FOUNDATION OF NORTHERN CALIFORNIA, INC. 39 Drumm Street 9 San Francisco, CA 94111 Tel: (415) 621-2493 10 Fax: (415) 255-8437 [email protected] 11 DAVID DONATTI* 12 ANDRE I. SEGURA (SBN 247681) AMERICAN CIVIL LIBERTIES UNION FOUNDATION 13 OF TEXAS P.O. Box 8306 14 Houston, TX 77288 Tel: (713) 325-7011 15 Fax: (713) 942-8966 [email protected] 16 [email protected] *Admitted pro hac vice 17 18 19 20 21 22 23 24 25 26 27 28 ii PLAINTIFFS’ REQUEST FOR JUDICIAL NOTICE ISO MOTION FOR PARTIAL SUMMARY JUDGMENT CASE NO: 4:19-cv-00892-HSG Case 4:19-cv-00892-HSG Document 210-2 Filed 10/11/19 Page 3 of 151 1 REQUEST FOR JUDICIAL NOTICE 2 Plaintiff Sierra Club and Plaintiff Southern Border Communities Coalition (together, 3 “Plaintiffs”) hereby respectfully request, pursuant to Federal Rule of Evidence 201, that the Court 4 take judicial notice of the following materials in support of Plaintiffs’ Motion for Partial Summary 5 Judgment. 6 1. Attached hereto as Exhibit 1 is a true and correct copy of an excerpt of the Office of 7 Management and Budget’s “Budget of the U.S. Government for Fiscal Year 2018: A New 8 Foundation for American Greatness” (2017), available on the official White House website at 9 https://www.whitehouse.gov/wp-content/uploads/2017/11/budget.pdf. 10 2. Attached hereto as Exhibit 2 is a true and correct copy of an excerpt of The WALL Act 11 of 2018, S. 3713, 115th Cong. (2018). No action was taken on the bill after referral to the Senate 12 Committee on Finance. As of October 11, 2019, the complete text of the bill is posted on the United 13 States Congress’s official website, at https://www.congress.gov/115/bills/s3713/BILLS- 14 115s3713is.pdf; and the history of the bill is posted on Congress’s official website, at 15 https://www.congress.gov/bill/115th-congress/senate-bill/3713/all-actions. 16 3. Attached hereto as Exhibit 3 is a true and correct copy of the 50 Votes for the Wall Act, 17 H.R. 7073, 115th Cong. (2018). No action was taken on the bill after referral to the House 18 Subcommittee on Border and Maritime Security. As of October 11, 2019, the complete text of the 19 bill is posted on the United States Congress’s official website, at https://www.congress.gov/115/ 20 bills/hr7073/BILLS-115hr7073ih.pdf; and the history of the bill is posted on Congress’s official 21 website, at https://www.congress.gov/bill/115th-congress/house-bill/7073/all-actions. 22 4. Attached hereto as Exhibit 4 is a true and correct copy of an excerpt of the Build the 23 Wall, Enforce the Law Act of 2018, H.R. 7059, 115th Cong. (2018). No action was taken on the bill 24 after referral to the House Subcommittee on Trade. As of October 11, 2019, the complete text of the 25 bill is posted on the United States Congress’s official website, at https://www.congress.gov/115/ 26 bills/hr7059/BILLS-115hr7059ih.pdf; and the history of the bill is posted on Congress’s official 27 website, at https://www.congress.gov/bill/115th-congress/house-bill/7059/all-actions. 28 1 PLAINTIFFS’ REQUEST FOR JUDICIAL NOTICE ISO MOTION FOR PARTIAL SUMMARY JUDGMENT CASE NO: 4:19-cv-00892-HSG Case 4:19-cv-00892-HSG Document 210-2 Filed 10/11/19 Page 4 of 151 1 5. Attached hereto as Exhibit 5 is a true and correct copy of an excerpt of the Fund and 2 Complete the Border Wall Act, H.R. 6657, 115th Cong. (2018). No action was taken on the bill 3 after referral to the House Subcommittee on Immigration and Border Security. As of October 11, 4 2019, the complete text of the bill is posted on the United States Congress’s official website, at 5 https://www.congress.gov/115/bills/hr6657/BILLS-115hr6657ih.pdf; and the history of the bill is 6 posted on Congress’s official website, at https://www.congress.gov/bill/115th-congress/house- 7 bill/6657/all-actions. 8 6. Attached hereto as Exhibit 6 is a true and correct copy of an excerpt of the American 9 Border Act, H.R. 6415, 115th Cong. (2018). No action was taken on the bill after referral to the 10 House Subcommittee on Immigration and Border Security. As of October 11, 2019, the complete 11 text of the bill is posted on the United States Congress’s official website, at 12 https://www.congress.gov/115/bills/hr6415/BILLS115hr6415ih.pdf; and the history of the bill is 13 posted on Congress’s official website, at https://www.congress.gov/bill/115th-congress/house- 14 bill/6415/all-actions. 15 7. Attached hereto as Exhibit 7 is a true and correct copy of an excerpt of the Border 16 Security and Immigration Reform Act of 2018, H.R. 6136, 115th Cong. (2018). On June 27, 2018, 17 this bill failed in the House of Representatives by a recorded vote of 121 – 301. As of October 11, 18 2019, the complete text of the bill is posted on the United States Congress’s official website, at 19 https://www.congress.gov/115/bills/hr6136/BILLS-115hr6136ih.pdf; and the history of the bill is 20 posted on Congress’s official website, at https://www.congress.gov/bill/115th-congress/house- 21 bill/6136/all-actions. 22 8. Attached hereto as Exhibit 8 is a true and correct copy of an excerpt of the Securing 23 America’s Future Act of 2018, H.R. 4760, 115th Cong. (2018). On June 21, 2018, this bill failed in 24 the House of Representatives by a recorded vote of 193 – 231. As of October 11, 2019, the 25 complete text of the bill is posted on the United States Congress’s official website, at 26 https://www.congress.gov/115/bills/hr4760/BILLS115hr4760ih.pdf; and the history of the bill is 27 posted on Congress’s official website, at https://www.congress.gov/bill/115th-congress/house- 28 bill/4760/all-actions. 2 PLAINTIFFS’ REQUEST FOR JUDICIAL NOTICE ISO MOTION FOR PARTIAL SUMMARY JUDGMENT CASE NO: 4:19-cv-00892-HSG Case 4:19-cv-00892-HSG Document 210-2 Filed 10/11/19 Page 5 of 151 1 9. Attached hereto as Exhibit 9 is a true and correct copy of a Letter from Acting Director 2 of the Office of Budget and Management Russell T. Vought to the Honorable Richard Shelby, 3 Chairman of the Senate Committee on Appropriations, dated January 6, 2019, available on the 4 official White House website at https://www.whitehouse.gov/wp-content/uploads/2019/01/Final- 5 Shelby-1-6-19.pdf. 6 10. Attached hereto as Exhibit 10 is a true and correct copy of a tweet from President 7 Donald J. Trump, dated February 9, 2019, 2:02 PM, available on President Trump’s official Twitter 8 account, @realDonaldTrump, at https://twitter.com/realDonaldTrump/status/ 9 1094355899194454017. 10 11. Video recording of a February 10, 2019 interview of Mick Mulvaney, Acting White 11 House Chief of Staff, on Fox News, available at https://www.youtube.com/watch?v=l_Z0xx_zS0M. 12 12. Attached hereto as Exhibit 11 is a true and correct copy of a transcript of “Remarks by 13 President Trump in Cabinet Meeting,” dated February 12, 2019, available on the official White 14 House website at https://www.whitehouse.gov/briefings-statements/remarks-president-trump- 15 cabinet-meeting-13.
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