The organization argues that if Kobach lobbied Trump on changes to the act, it would amount to an admission that current federal law precludes him from enforcing the policy. Kobach has argued for several years that the policy prevents non-citizens from casting ballots in Kansas elections, but critics say it prevents some rightful voters from becoming registered.
Judge James O’Hara, a federal magistrate judge in Kansas City, Kan., ordered Kobach on Monday to hand over the documents.
Kobach is appealing O’Hara’s decision to U.S. District Judge Julie Robinson. He has asked O’Hara to stay his order for 14 days to allow him time to file the appeal with Robinson.
“If Judge Robinson ultimately affirms the Magistrate’s decision, the documents will be produced as Magistrate O’Hara required thereafter,” Kobach’s attorney, Garrett Roe, stated in the court filing. “It is unclear that there is any harm to the public interest therefore in a brief delay in disclosure of a few redacted portions of two documents.”
Kobach has a history of legal defeats in Robinson’s courtroom.