Mt. Soledad Plaintiff May Not Depose Officials On Legislative Motivations

Litigation challenging the San Diego, California Mt. Soledad cross and the memorial surrounding it never seems to quite end. Earlier this week, a California federal district court issued an interesting decision denying the plaintiff in one of the suits the right to depose Congressional Representative Duncan Hunter and the City of San Diego Mayor Jerry Sanders. Trunk v. City of San Diego, 2007 U.S. Dist. LEXIS 24093 (SD CA, April 2, 2007), is a challenge under the Establishment Clause to H.R. 5683 that transferred title to the cross and memorial to the United States. Plaintiff sought to depose the mayor and the Congressman about the purpose underlying the legislation. The court held that the deposition of Rep. Hunter is precluded by the Constitution's "speech and debate" clause and that the information sought in both depositions-- the subjective motivation of legislators-- is not relevant to plaintiff''s Establishment Clause claim.