U.S. District Court Judge Ed Kinkeade on Monday rejected Healey's motion to cancel a deposition he had previously ordered, a virtually unprecedented decision that could expose the investigative tactics of a law enforcement agency to its target.
Kinkeade has ordered Healey to answer Exxon's questions in a Dallas courtroom deposition Dec. 13. The mandate is part of a sweeping discovery order issued by the judge in October that also could open the door for Exxon to plow through Healey's internal records related to her investigation.
Healy filed a motion Tuesday asking Kinkeade to stay his order until she has time to file an appeal with the U.S. Circuit Court of Appeals.
Tom McGarity, a University of Texas law professor, said the deposition order is unprecedented based on a judge believing a state prosecutor has allowed political bias to drive a case.
"I've never heard of such a thing," he said. "The court certainly has the power to order a deposition, but I have never heard of that happening in anything like this."
That bold order flowing from a Texas court has allowed Exxon wide latitude in defending itself against multiple investigations. It also foreshadows a new legal standard that could have chilling consequences on attorneys general across the county, McGarity and other legal experts warn.
"That's a message to AGs that if they are considering bringing a case against industry, they could be open to questioning about their motive," McGarity said. "That's a message the AGs will hear. They may not be intimidated, but it is something that will be a factor in their decisions about what cases, what industry to pursue."
Read more at Exxon Wins Latest Legal Round in Climate Fight With Mass. AG
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