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AG Bob Ferguson weighs legal action over Seattle National Archives closure

Jan 28, 2020, 6:57 AM | Updated: 9:04 am

Bob Ferguson, gyms coronavirus...

Washington State Attorney General Bob Ferguson. (AP Photo/Elaine Thompson)

(AP Photo/Elaine Thompson)

Washington State Attorney General Bob Ferguson told 成人X站 Radio listeners Monday afternoon that his office is considering the possibility of a lawsuit against the federal government in the wake of the decision over the weekend by the Office of Management and Budget and the National Archives and Records Administration to close and sell

Ferguson told hosts Feliks Banel and Meili Cady that he grew up visiting the archives with his father, and that his sister is a librarian in Seattle who often refers people there.

鈥淢y sister said the same thing you said,鈥 Ferguson said, after Banel described how a 成人X站 Radio listener helped bring the possible closure to light on Jan. 15, and how the decision to close 鈥 which involved no public or stakeholder input over a months-long聽process 鈥 took everyone by surprise. 鈥淪he said herself and this historical community was blindsided by what happened.鈥

While Ferguson says he disagrees with the policy, this won鈥檛 be the focus as his staff reviews potential actions that his office could take.

鈥淚 know the one thing that has stopped [the Trump Administration] from taking actions that I think are unlawful and unconstitutional and that’s a federal lawsuit, so that’s what we’re focused on,鈥 Ferguson said. 鈥淣ow look, the overall policy, do I think it’s outrageous? It’s crazy. Yes, for all the reasons you’ve already talked about, right? It makes no sense, and to take the history, the federal history of our region, and send it thousands of miles away will have a huge impact on a lot of folks and tribes here in our community.鈥

Attorney General Ferguson, who has sued the Trump Administration more than 50 times in the past three years — and who has so far won 24 straight legal victories in those actions — says that public opinion doesn鈥檛 seem to matter much to the executive branch these days.

鈥淚 don’t suggest that a public outcry has no chance of success [in turning back a decision like closing the Seattle National Archives],” Ferguson said. 鈥淚t’s just in my experience that once the federal government makes these decisions to go forward on whatever that issue might be, the threat of a lawsuit hasn’t stopped them, protests in the streets haven鈥檛 stopped them, letters haven’t stopped them.”

“In my experience, what has been the most effective way to stop them, which is unfortunate, is a federal lawsuit,” he continued. “I wish I did not have to file so many lawsuits. You would think after 24 consecutive losses in federal courts the [Trump] administration would say 鈥楬ey, you know what, maybe we should listen to the people of Washington when it comes to this particular issue.鈥欌

Ferguson鈥檚 team will review the process that led to the recommended closure and sale of the Seattle National Archives, and perhaps have conversations with affected parties, such as Native American tribes and other stakeholders who weren鈥檛 consulted before the decision was made.

Ferguson said that many of the legal victories his team has won have typically come on procedural issues 鈥渂ecause the Administration violates something called the Administrative Procedure Act, which is about as boring as it sounds.鈥

鈥淏ut it’s the Procedural Act that requires them to take procedural steps before they make changes to people’s lives,鈥 Ferguson said. 鈥淎nd they simply don’t do it over and over and over again. And that’s why they lose in court to us all the time. So my team is looking at whether there were procedural steps that the federal government was required to take before reaching this decision — if they took those or not — and that’s what we’re focused on.鈥

As much as Ferguson disagrees with the notion of shipping the federal archives for Washington, Oregon, Idaho and Alaska a thousand miles away to Southern California and robbing local researchers, tribes and others of easy access to a critical resource, he says that鈥檚 not what he would potentially take issue with and not what his staff will be looking at in the days and weeks ahead.

鈥淲here I’ll be focused, just to be clear, is not whether the policy is a good idea or not. I have an opinion on that, but that opinion doesn’t really matter,鈥 Ferguson said. 鈥淲hat I’ll be focused on, and what my team is focused on … is whether or not what this administration did violate the law.鈥

鈥淚f they did, they’re going to see us in court,鈥 he added.

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