ANN ARBOR, MI – Federal District Judge Larry Alan Burns blocked a second attempt by ACLU attorneys to take the deposition of the Thomas More Law Center’s West Coast Regional Director, Charles LiMandri, in regards to the Thomas More Law Center’s fight to save the Mt. Soledad Cross. The ACLU’s first attempt to subpoena Mr. LiMandri was denied by Federal Magistrate Judge McCurine on September 13, 2007.
In this most recent ruling, Judge Burns stated, “In this type of situation, the Court must be particularly vigilant to accord non-party activists and political opponents such as LiMandri the broad protection…they are entitled to, to prevent the possible misuse of deposition subpoenas as tools of oppression, intimidation, or harassment.” Judge Burns went on to say that the ACLU could not articulate relevant questions that would require the deposition of Mr. LiMandri.
Judge Burns further held that the ACLU was attempting to circumvent another court order (by deposing Mr. LiMandri) that denied the ACLU from deposing Rep Duncan Hunter for his leading role to move the cross from state to federal property. The courts ruled that a deposition of Rep Hunter was barred by the “Speech and Debate Clause” of the Constitution.
Richard Thompson, President and Chief Counsel of the Thomas More Law Center stated, “The ACLU’s repeated attempts to take Mr. LiMandri’s deposition was nothing more than an attempt to intimidate and harass him. It was meant as a warning to all citizens that those who oppose the ACLU’s agenda could be hauled in and subjected to interrogation under oath. The ACLU’s actions in this case should be considered a threat to the liberty of every American.”
The Law Center was assisted in its motion to quash Mr. LiMandri’s subpoena by local San Diego attorney Peter D. Lepiscopo.
The first lawsuit to remove the Mt. Soledad Cross failed, in large part due to the efforts of Mr. LiMandri and the Thomas Morel Law Center. However, after the United States took possession of the national veteran’s memorial from the City of San Diego, the ACLU had filed a second federal lawsuit last year, again challenging the property transfer of the Mt. Soledad Cross.
The Law Center is involved in the second battle as well, but this time in a supporting role to the Federal government which has the primary responsibility for defense of the veteran’s memorial, which has stood in San Diego, in one form or another, since 1913.
The Thomas More Law Center defends and promotes the religious freedom of Christians, time-honored family values, and the sanctity of human life through education, litigation, and related activities. It does not charge for its services. The Law Center is supported by contributions from individuals, corporations and foundations, and is recognized by the IRS as a section 501(c)(3) organization. You may reach the Thomas More Law Center at (734) 827-2001 or visit our website at www.thomasmore.org.