The ACLU's Jeffrey Stein called the ruling a "huge step in the right direction."
“The public deserves to know how our government is justifying the cold-blooded murder of hundreds of civilians." 🔽
Adam Klasfeld
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![The Court directs defendants to file the declaration(s), and to arrange for the Memo to be available for in camera review, within two weeks of this decision. See ACLU II, 2016 WL 889739, at *6 (ordering Government, within five days, to produce document at issue and “advise the court who has received [it] (including persons who received it from its original recipients) and for what purpose”); Elec. Frontier Found. v. U.S. Dep’t of Just., 826 F. Supp. 2d 157, 172 (D.D.C. 2011) (directing agency to “provide further explanation regarding whether it shared with non-Executive Branch entities the responsive documents that it withheld from the plaintiff”). Defendants are authorized to make appropriate redactions in the declaration as publicly filed, while filing the unredacted declaration under seal. Upon review of these materials, the Court will determine whether to commission supplemental briefing.](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:353gzbhcjbznfxegvayffqek/bafkreibywsfsveszskxuzxfy4rbpj6d5ruvfmeruc6tz6ggr52l5kru6w4)
![MINUTE ORDER: Plaintiff's 84 Motion for an Emergency Hearing is hereby DENIED. By September 23, 2026, Defendants shall a file a detailed status report, supported by a sworn declaration from a knowledgeable representative of the Kennedy Center, on the "temporary closure" and emergency repairs described in Defendants' 86 Response and Mr. Floca's [86-1] supporting declaration. Further, the parties are reminded of Defendants' representation to the Court in the companion case D.C. Preservation League that they will "inform Plaintiffs and the Court if there is any change in the Board's plans that would constitute a reversal of the Center's position that the building will not be demolished and that no new structure will be constructed." Joint Meet & Confer Report (Aug. 28, 2026), Case No. 26-cv-981 (CRC), ECF No. 62 at 2. To avoid any confusion on that score given more recent events, the Court hereby ORDERS Defendants to provide such notice in writing to Plaintiffs in both cases more than 30 days before the implementation of any changes to the scope of the project plans presented to the Court in D.C. Preservation League, including but not limited to any "demolition" of the Center's main building. Finally, Plaintiff may seek discovery regarding the subject of their 85 Notice of Supplemental Authority to the extent permitted by the Federal Rules and the Court's scheduling order. SO ORDERED. Signed by Judge Christopher R. Cooper on 09/17/2026. (lccrc3)](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:353gzbhcjbznfxegvayffqek/bafkreibuaitxs6qel7qrflsdxob3btk57sw5pyrut7yknzzdd7p5li2aie)
