In your average lawsuit, this is not supposed to happen. Key witnesses are not supposed to suddenly recall something they have previously denied. Yet, that is what happened in the 2020 Census lawsuit. Wilbur Ross, the head of the Commerce department, now suddenly does recall conversations with then advisor Steve Bannon and Attorney General Jeff Sessions about the citizenship question. The Commerce department is responsible for the census in 2020. Secretary Ross added a question asking whether each person is a U.S. citizen. The plaintiffs in the lawsuit contend the question is designed to intimidate persons into not completing the census.
Earlier, when he testified before Congress, Secretary Ross denied any such conversation. The Department of Justice said it could neither confirm or deny involvement by AG Sessions. But, now he remembers. Secretary Ross says he recalls a phone call from Steve Bannon in March, 2017 asking him to speak with Kris Kobach, the Secretary of State of Kansas, and immigration hard-liner. Mr. Ross also now remembers speaking with AG Sessions in the Spring of 2017 and later. See Politico news report here.
The Secretary has been resisting attempts to take his deposition. This latest court pleading apparently seeks to prevent the depositions by admitting to some things the plaintiffs might ask. We can see why he would prefer not to remember these discussions with Mr. Bannon and Mr. Kobach. If this decision to ask about citizenship was based solely on best practices, why would he need to discuss the question with a political advisor like Steve Bannon?
Now, suddenly he remembers things he did not recall months ago. Typically, the memory works in just the opposite way. Usually, we recall things better when asked closer to the event. But, in Mr. Ross’ case, he remembers things better the further away he gets from the event. Uh huh. That’s the ticket…….