2The Official Committee of Unsecured Creditors of Lehman Brothers HoldingsInc. (the "Committee") respectfully submits this Memorandum Of Points And Authorities InSupport Of Motion To Compel Compliance With Deposition Subpoena By Timothy F. Geithner.For the reasons set forth below, the Committee moves the Court for the entry of an ordercompelling Timothy F. Geithner to comply with the subpoena for his deposition testimony at atime and location convenient for Mr. Geithner before March 16, 2012, pursuant to Rule 37(a)and Rules 26, 30, and 45 of the Federal Rules of Civil Procedure.
In his welcome address to cabinet secretaries and senior staff, President Barack Obama proclaimed, "[T]he way to make government accountable is make it transparent so thatthe American people can know exactly what decisions are being made, how they're being made,and whether their interests are being well served. . . . Transparency and the rule of law will bethe touchstones of this presidency." (Barack Obama, Remarks by the President in WelcomingSenior Staff and Cabinet Secretaries to the White House (January 21, 2009)).
The Departmentof the Treasury now turns its back on the President's commitment to transparency as it refuses toprovide the creditors of Lehman Brothers with key evidence from the current Secretary of theTreasury, Timothy F. Geithner, who was a crucial witness to certain key events at issue in thecreditors' litigation with JPMorgan Chase Bank, N.A. ("JPMorgan").In the final week before the bankruptcy of Lehman Brothers Holdings Inc.("LBHI" and, collectively with its subsidiaries, "Lehman"), Lehman's primary bank, JPMorgan,demanded that LBHI guaranty any potential future obligation of any Lehman entity of any kind
Available at http://www.whitehouse.gov/the-press-office/remarks-president-welcoming-senior-staff-and-cabinet-secretaries-white-house (last accessed Feb. 9, 2012).