Skip to main content

View Diary: Obama's DoJ: A Pattern of Obstruction in Torture, Wiretapping Cases (92 comments)

Comment Preferences

  •  I get my ` (3+ / 0-)
    Recommended by:
    Valtin, NonnyO, Publius2008

    from court documents and "hysterics" like Greenwald, Digby, emptywheel and BTD.

    And you're wrong, Jeppesen was a motion to DISMISS, not stay. It was intended to END that case and prevent ALL future ones from having a chance of succeeding. And this one was effectively a motion to dismiss because if granted, would have made it impossible for plaintiff to win. So I don't know where you're getting your "information" from. Jesus Christ we elected a president, not The One And Only Saviour Who Can Lead Us Out Of The Wilderness And Into The Promised Land!

    The liberal soul shall be made fat. He who waters shall be watered also himself. (Proverbs 11:25)

    by kovie on Fri Feb 13, 2009 at 11:01:44 PM PST

    [ Parent ]

    •  I'm addressing the two issues (0+ / 0-)

      I stated in my comment where the word, "stay" was used and not "dismissal."

      You'll never have a quiet world till you knock the patriotism out of the human race. - G.B. Shaw, "Misalliance"

      by gchaucer2 on Fri Feb 13, 2009 at 11:10:20 PM PST

      [ Parent ]

      •  Where was "stay" used? (1+ / 0-)
        Recommended by:
        Valtin

        Jeppesen used dismissal. And dismissal is the obvious intent with Al-Haramain.

        The liberal soul shall be made fat. He who waters shall be watered also himself. (Proverbs 11:25)

        by kovie on Fri Feb 13, 2009 at 11:23:16 PM PST

        [ Parent ]

        •  I'm not referring to Jeppeson (0+ / 0-)

          I'm referring to Al Haramain.  A pattern would be if all three instances were dismissals/refusal of documents -- they are not.  One is a dismissal -- two are stays.

          I'm not defending a cover-up of wiretapping or torture -- I am just looking at what the legal function of a stay means -- or in the Al Haramain case, what an interlocutory appeal means rather than an appeal from a final order or judgment.

          I tried an interlocutory appeal once -- it functioned as a stay because it went up to the state supreme court.  It was issue based not dismissal based.

          You'll never have a quiet world till you knock the patriotism out of the human race. - G.B. Shaw, "Misalliance"

          by gchaucer2 on Fri Feb 13, 2009 at 11:34:08 PM PST

          [ Parent ]

          •  Understood (2+ / 0-)
            Recommended by:
            Valtin, kurt

            But if granted, the IA would effectively destroy plaintiff's case and function as a dismissal by another name, no? The ultimate point of all of these appeals and motions is to prevent cases against the government from either going forward or having a chance of winning, which is really the same thing in terms of protecting government secrets and whoever committed these actions.

            The liberal soul shall be made fat. He who waters shall be watered also himself. (Proverbs 11:25)

            by kovie on Fri Feb 13, 2009 at 11:42:01 PM PST

            [ Parent ]

Subscribe or Donate to support Daily Kos.

Click here for the mobile view of the site