ARE DEPOSITIONS BARRED BECAUSE THE PROPOSED DEPONENTS ARE HIGH GOVERNMENT OFFICIALS?
The Secretary argues that the proposed deponents are exempt from deposition by virtue of the official positions they hold. However, and with all due respect to the proposed deponents, they are not the type of “top government officials” to whom the protection usually is extended (see, e.g., Sweeney v. Bond, 669 F.2d 542, 546 (8th Cir. 1982), cert. denied sub nom Schenberg v. Bond, 459 U.S. 878 (1982) (seeking to depose state governor); Kyle Engineering Co. v. Kleppe, 600 F.2d 226, 231-232 (seeking to depose administrator of a federal agency); Warren v. Camp, 396 F.2d 52, 56 (6th Cir. 1968) (seeking to depose Comptroller of the Currency). Moreover, the information about which they may be questioned cannot be obtained elsewhere, but, rather, concerns their communications with Harrison and Wirth and with one another that lead directly to the citation and order at issue. In sum, given the direct roles the proposed deponents may have played with respect to the issuance of the citation and or
