This prior post highlighted how Commodities Futures Trading Commission (CFTC) Commissioner Caroline Pham (pictured) unleased on a CFTC enforcement action based on record keeping issues during the height of COVID.
In short, Pham called the CFTC’s enforcement action “wrong” and “callous.”
In this recent statement, Commissioner Pham once again unleased on the CFTC.
The issues concerned, in part, the so-called deliberative process privilege – a form of executive privilege that protects information from disclosure to third parties if the information involves the process by which a government agency reached a particular decision or developed a specific policy.