A Freedom of Information Act (FOIA) lawsuit has been filed over House Speaker Nancy Pelosi’s January phone call with Army Gen. Mark Milley, chairman of the Joint Chiefs of Staff, in which Pelosi expressed concerns about what she characterized as a “unhinged” President Trump.
Judicial Watch revealed its legal action on March 9, stating that the call between the House speaker and the nation’s top military officer—about a sitting president’s authority – set a “dangerous precedent” that could impact future presidents.
The group said the Department of Defense did not respond to its request for information of the Jan. 8 call between Pelosi and Milley, which it made on Jan. 11.
Pelosi sent a letter to her Democratic colleagues soon after the phone call, which took place two days after the riot at the United States Capitol.
“This morning, I spoke to the Chairman of the Joint Chiefs of Staff Mark Milley to discuss available precautions for preventing an unstable president from initiating military hostilities or accessing the launch codes and ordering a nuclear strike,” Pelosi wrote.
She also wrote that the president’s situation could not be more serious, and we must do whatever we can to protect the American people from his unbalanced attack on our nation and democracy.
Later, she added, “As you know, there is growing momentum around the invocation of the 25th Amendment, which would allow the Vice President and a majority of the Cabinet to remove the President for his incitement of insurrection and the danger he still poses.”
President of Judicial Watch, Tom Fitton, said in a statement that if Pelosi’s account of her conversation with Milley is correct, it sets a dangerous precedent that could jeopardize the president’s position as commander in chief and the separation of powers.
“Our new lawsuit aims to uncover the truth about the call,” Fitton said.
According to Judicial Watch, the complaint seeks access to any and all documents pertaining to the Pelosi-Milley phone call, as well as any and all other records of contact between them from Nov. 1, 2020 to the present.