Judicial Watch reported on March 9 that it had filed a Freedom of Information Act (FOIA) complaint against the Department of Defense (Judicial Watch, Inc. v. US Department of Defense (No 1:21-cv-00593)) for documents about House Speaker Nancy Pelosi’s January 8, 2021, telephone call with Chairman of the Joint Chiefs of Staff Mark Milley.

In a Jan. 8 letter to her Democratic colleagues, Pelosi talked about the call. Pelosi allegedly related her conversation with Milley. She allegedly discussed with Milley the possible safeguards against an unpredictable president launching military hostilities or gaining access to the launch codes and ordering a nuclear attack.

“The situation of this unhinged president could not be more dangerous, and we must do everything that we can to protect the American people from his unbalanced assault on our country and our democracy,” she said

After the Defense Department failed to respond to a Freedom of Information Act (FOIA) request on Jan. 11, the case was filed in the United States District Court for the District of Columbia:

  1. Any and all records regarding, concerning, or related to the telephone call between House Speaker Nancy Pelosi and General Mark Milley on or about January 8, 2021. This request includes, but is not limited to, any and all transcripts, recordings, and/or summaries of the call, as well as any other records produced in preparation for, during, and/or pursuant to the call.
  1. Any and all additional records of communication between Gen. Milley and House Speaker Nancy Pelosi between November 1, 2020 and the present.

Pelosi also told her colleagues in a part of the letter titled Removing the President from Office that the 25th Amendment, which would authorize the vice president and a majority of the Cabinet to oust the president for inciting insurgency and the danger he continues to pose, is gaining traction.

“Yesterday, Leader Schumer and I placed a call with Vice President Pence, and we still hope to hear from him as soon as possible with a positive answer as to whether he and the Cabinet will honor their oath to the Constitution and the American people,” she added.

The president of Judicial Watch, Tom Fitton said, “If Speaker Pelosi’s description of her conversation with General Milley is true, it sets a dangerous precedent that could undermine the president’s role as commander in chief and the separation of powers.”

He also said that the aim of our latest litigation is to get to the bottom of the call.


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