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View Diary: DADT: Major Witt to return To Air Force! "No important govt interest served by discharge." Updatex6. (320 comments)

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  •  They can challenge issues of law . . . (8+ / 0-)

    not previously litigated against Witt.  In addition, if they appeal, they will only be allowed to challenge the district court's factual findings if they can show that such findings are "clearly erroneous."  That will be difficult, but not impossible.

    The government may well appeal the decision, but it might not if it thinks the district judge's opinion is pretty airtight.  They might just let Witt serve and then wait to appeal a case with better facts.

    Maladie d'Amour, Où l'on meurt d'Aimer, Seul et sans Amour, Sid'abandonné

    by FogCityJohn on Fri Sep 24, 2010 at 03:29:36 PM PDT

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    •  Can they bring up new issues of law on appeal (1+ / 0-)
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      that they didn't raise at the trial phase?

      The influence of the [executive] has increased, is increasing, and ought to be diminished.

      by lysias on Fri Sep 24, 2010 at 04:18:22 PM PDT

      [ Parent ]

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