Trump can keep secret his legal reasoning for reducing Bears Ears and Grand Staircase-Escalante, judge says
(Francisco Kjolseth | The Salt Lake Tribune) U.S. President Donald Trump, surrounded by Utah representatives looks at U.S. Sen. Orrin Hatch to give him the pen used to signs a presidential proclamation to shrink Bears Ears and Grand Staircase-Escalante national monuments at the Utah Capitol on Monday, Dec. 4, 2017.
Boise • The U.S. government does not have to turn over documents to an environmental law firm about the legal arguments for President Donald Trump’s decision to shrink national monuments, a judge ruled.
U.S. District Judge David Nye said Monday that the records are protected presidential communications.
(Steve Griffin | The Salt Lake Tribune) Air Force One prepares to land at Salt Lake City International Airport for President Trump's visit to Salt Lake City on Monday, Dec. 4, 2017.
(Steve Griffin | The Salt Lake Tribune) Air Force One leaves the Salt Lake International Airport after President Trump visited Salt Lake City Monday December 4, 2017.
(Steve Griffin | The Salt Lake Tribune) Air Force One lands at Salt Lake City International Airport as President Donald Trump visits Salt Lake City on Monday, Dec. 4, 2017.
(Steve Griffin | The Salt Lake Tribune) Air Force One lands at Salt Lake City International Airport as President Donald Trump visits Salt Lake City on Monday, Dec. 4, 2017.
(Scott Sommerdorf | The Salt Lake Tribune)
The arrival of Air Force One at the Ronald R Wright National Air Guard Base, Monday, December 4, 2017.
(Francisco Kjolseth | The Salt Lake Tribune) Interior Secretary Ryan Zinke is acknowledged by U.S. President Donald Trump on stage at the Utah Capitol on Monday, Dec. 4, 2017, moments before signing two presidential proclamation to shrink Bears Ears and Grand Staircase-Escalante national monuments.
(Francisco Kjolseth | The Salt Lake Tribune) U.S. President Donald Trump is joined by Sen. Mike Lee at the Utah Capitol on Monday, Dec. 4, 2017, prior to signing a presidential proclamation to shrink Bears Ears and Grand Staircase-Escalante national monuments.
(Francisco Kjolseth | The Salt Lake Tribune) Speaker of the House Greg Hughes, pumps his fist after being acknowledged by U.S. President Donald Trump at the Utah Capitol on Monday, Dec. 4, 2017. President Trump signed two presidential proclamation to shrink Bears Ears and Grand Staircase-Escalante national monuments.
(Francisco Kjolseth | The Salt Lake Tribune) Rep. Mike Noel, R-Kanab delights in having his tie signed by U.S. President Donald Trump at the Utah Capitol on Monday, Dec. 4, 2017, following Trump's signing of two presidential proclamations to shrink Bears Ears and Grand Staircase-Escalante national monuments.
(Scott Sommerdorf | The Salt Lake Tribune)
The arrival of Air Force One at the Ronald R Wright National Air Guard Base, Monday, December 4, 2017.
(Francisco Kjolseth | The Salt Lake Tribune) U.S. President Donald Trump is joined by Senator Orrin Hatch at the Utah Capitol on Monday, Dec. 4, 2017, to sign a presidential proclamation to shrink Bears Ears and Grand Staircase-Escalante national monuments.
(Francisco Kjolseth | The Salt Lake Tribune) U.S. President Donald Trump is joined by Senator Orrin Hatch at the Utah Capitol on Monday, Dec. 4, 2017, to sign a presidential proclamation to shrink Bears Ears and Grand Staircase-Escalante national monuments.
(Francisco Kjolseth | The Salt Lake Tribune) U.S. President Donald Trump is surrounded by Utah representatives at the Utah Capitol on Monday, Dec. 4, 2017, after signing two presidential proclamations to shrink Bears Ears and Grand Staircase-Escalante national monuments.
(Francisco Kjolseth | The Salt Lake Tribune) U.S. President Donald Trump takes the stage at the Utah Capitol on Monday, Dec. 4, 2017, to sign a presidential proclamation to shrink Bears Ears and Grand Staircase-Escalante national monuments.
(Scott Sommerdorf | The Salt Lake Tribune)
he arrival of Air Force One at the Ronald R Wright National Air Guard Base, Monday, December 4, 2017.
(Francisco Kjolseth | The Salt Lake Tribune) Bruce Adams, right, Chairman of the San Juan County Commission has his hat signed by U.S. President Donald Trump at the Utah Capitol on Monday, Dec. 4, 2017, following Trump's signing of two presidential proclamations to shrink Bears Ears and Grand Staircase-Escalante national monuments.
(Francisco Kjolseth | The Salt Lake Tribune) U.S. President Donald Trump is surrounded by Utah representatives at the Utah Capitol on Monday, Dec. 4, 2017, as he signs a presidential proclamation to shrink Bears Ears and Grand Staircase-Escalante national monuments.
(Scott Sommerdorf | The Salt Lake Tribune)
President Trump visits with a crowd of admirers after he arrived in Salt Lake City, Monday, December 4, 2017.
(Scott Sommerdorf | The Salt Lake Tribune)
Senator Orrin Hatch visits with a crowd of Trump admirers after he arrived in Salt Lake City, Monday, December 4, 2017.
(Scott Sommerdorf | The Salt Lake Tribune)
President Trump visits with a crowd of admirers after he arrived in Salt Lake City, Monday, December 4, 2017.
(Scott Sommerdorf | The Salt Lake Tribune)
President Trump deplanes from Air Force One with Senators Hatch and Lee at the Ronald R Wright National Air Guard Base, Monday, December 4, 2017.
(Scott Sommerdorf | The Salt Lake Tribune)
Air Force One arrives at the Ronald R Wright National Air Guard Base, Monday, December 4, 2017.
(Scott Sommerdorf | The Salt Lake Tribune)
The arrival of Air Force One at the Ronald R Wright National Air Guard Base, Monday, December 4, 2017.
(Scott Sommerdorf | The Salt Lake Tribune)
President Trump deplanes from Air Force One with Senators Hatch and Lee at the Ronald R Wright National Air Guard Base, Monday, December 4, 2017.
(Scott Sommerdorf | The Salt Lake Tribune)
President Trump visits with a crowd of admirers after he arrived in Salt Lake City, Monday, December 4, 2017.
(Scott Sommerdorf | The Salt Lake Tribune)
Governor Gary Herbert and his wife, Speaker Greg Hughes and his wife, wait for President Trump to deplane after the arrival of Air Force One at the Ronald R Wright National Air Guard Base, Monday, December 4, 2017.
(Scott Sommerdorf | The Salt Lake Tribune)
he arrival of Air Force One at the Ronald R Wright National Air Guard Base, Monday, December 4, 2017.
(Scott Sommerdorf | The Salt Lake Tribune)
President Trump visits with a crowd of admirers after he arrived in Salt Lake City, Monday, December 4, 2017.
(Scott Sommerdorf | The Salt Lake Tribune)
Air Force One arrives at the Ronald R Wright National Air Guard Base, Monday, December 4, 2017.
(Scott Sommerdorf | The Salt Lake Tribune)
President Trump visits with a crowd of admirers after he arrived in Salt Lake City, Monday, December 4, 2017.
(Scott Sommerdorf | The Salt Lake Tribune)
President Trump arrives in Salt Lake City after the arrival of Air Force One at the Ronald R Wright National Air Guard Base, Monday, December 4, 2017.
(Scott Sommerdorf | The Salt Lake Tribune)
The arrival of Air Force One at the Ronald R Wright National Air Guard Base, Monday, December 4, 2017.
(Scott Sommerdorf | The Salt Lake Tribune)
President Trump arrives in Salt Lake City after the arrival of Air Force One at the Ronald R Wright National Air Guard Base, Monday, December 4, 2017.
(Scott Sommerdorf | The Salt Lake Tribune)
President Trump arrives with Senators Hatch and Lee, and Interior Sec. Zinke, after arrival of Air Force One at the Ronald R Wright National Air Guard Base, Monday, December 4, 2017.
(Scott Sommerdorf | The Salt Lake Tribune)
Governor Gary Herbert and his wife, Speaker Greg Hughes and his wife, wait for President Trump to deplane after the arrival of Air Force One at the Ronald R Wright National Air Guard Base, Monday, December 4, 2017.
(Scott Sommerdorf | The Salt Lake Tribune)
Two young boys dressed as Trump waited for the arrival of Air Force One at the Ronald R Wright National Air Guard Base, Monday, December 4, 2017.
(Rick Egan | The Salt Lake Tribune) Perry Dixon, stands with his kids Miles, 6, and Parker 9, as they protest President Trump's visit to Utah to shrink the Bears Ears monument in front of the Utah State Capitol Building, Monday, December 4, 2017.
“This decision shows how difficult it is to force sunlight on a government that flourishes in secrecy,” group attorney Todd Tucci said.
The group contends that the documents may justify why former presidents made monuments as large as they did and thus undercut Trump’s order in December to shrink the monuments in Utah.
Tucci said the group hasn’t decided whether to appeal the decision to the 9th U.S. Circuit Court of Appeals.
Justice Department spokesman Andy Reuss said Tuesday that the agency had no comment.
Tucci said the 12 documents, based on dates, appear to relate to national monuments formed or expanded between 2006 and 2016 and written during previous presidential administrations. Likely 12 national monuments are represented, Tucci said.
President Barack Obama created Bears Ears National Monument in 2016, and President Bill Clinton created Grand-Staircase Escalante National Monument in 1996. Like other presidents, they cited the 1906 Antiquities Act, which sets guidelines calling for the “smallest area compatible with proper care and management of the objects to be protected.”
FILE - This May 8, 2017, file photo shows Arch Canyon within Bears Ears National Monument in Utah. President Donald Trump is expected to announce Monday, Dec. 4, plans to shrink Bears Ears National Monument as well as Grand Staircase-Escalante National Monument in Utah that were created by past Democratic presidents. (Francisco Kjolseth/The Salt Lake Tribune via AP, File)
Trump said he was scaling back the two monuments to reverse federal overreach and had acted within his authority. Past presidents have trimmed national monuments 18 times, but there’s never been a court ruling on whether the Antiquities Act also lets them reduce one.
“President Trump’s abrupt change in interpretation of the Antiquities Act should be subject to the light of day,” Tucci said.
The withheld documents “contain legal advice to the president and his advisers and should remain protected,” the judge wrote. “While public disclosure is an important and necessary part of any free society, so too is candor and privacy when those at the highest levels of government strive to determine the best course of action.”
The Trump administration is facing other lawsuits from conservation groups, tribes and outdoor retail company Patagonia over the monument reductions in Utah. The groups argue that the president exceeded his power and jeopardized protections for irreplaceable archaeological sites and important lands.
Tucci said those lawsuits aren’t likely to result in the 12 documents becoming public.
“I expect the federal government to jealously guard these documents in all future litigation,” he said.
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