Immigration Law

Kobach Sanctioned for 'Deceptive Conduct' in Proof of Citizenship Lawsuit: Fish v. Kobach

Fish v. Kobach, June 23, 2017 - "[D]efendant’s deceptive conduct and lack of candor warrant the imposition of sanctions. ... [D]efendant made patently misleading representations to the court ... The court cannot say that defendant flat-out lied in representing the content of the disputed documents. ... “Most attorneys, of course, try to convey evidence in the best possible light for their clients. But there is a difference between putting evidence in the best possible light and blatantly misstating the evidence.” ... When counsel’s false references in a brief indicate “that he has been either cavalier in regard to his approach to this case or bent upon misleading the court,” sanctions are appropriate. ... [P]laintiffs are permitted to take the deposition of Secretary Kobach with respect to non-privileged information and evidence pertaining to the draft amendment and the photographed document. ... The undersigned will preside over the deposition and contemporaneously resolve any disputes that arise."