Dallas Court Says No to Depo of President Bush
The Dallas Court of Appeals held that plaintiffs were not entitled to take the depositions of George W. and Laura Bush in relation to the ongoing dispute over the location of the proposed Bush Presidental Library. The Court stated:
For reasons of comity and the policy considerations discussed in [United States v.]Poindexter, we conclude the decision to allow the deposition of a sitting or former President is not controlled by the standards applicable to apex depositions. . . . Our review of the record indicates that real parties in interest Vodicka and Tafel did not meet either prong of the Poindexter standard.
The bottom line was that the real parties in interest did not establish Bush's testimony was material or necessary and specifically failed to produce a list of proposed questions for trial court review under a "meticulous standard." Accordingly, the Court granted George W. Bush's petition for writ of mandamus and ordered the trial court to enter an order quashing the depositions of the former President and First Lady. The Court's opinion in In re President George W. Bush can be found at this link.
