Posted on 09/28/2010 7:22:42 AM PDT by butterdezillion
I'm not detail familiar with the style of case at hand, but if it's a civil case before a "regular" judge (not an administrative hearing sort of event), the usual protocol is for one side to file a motion, the other side to respond (or reply), and then the initiator (of the motion) gets to rebut the counterargument. The State Department request or motion to reject the surreply is an unusual step.
That is, the judge expects 3 papers when a motion is filed, and the 3rd one is the surreply. Said another way, the filer of the motion is entitled to a surreply. The judge can and will decide for himself if the contents are persuasive or refer to controlling law; or if the contents are repetitive or junk.
Plaintiff here is making a great case and argument.
I’m glad you think so. I do too, and I hope the judge will also.
The motion to reject the surreply was a bit disingenuous, referring to a case where a woman’s surreply was rejected because she was responding to what she called a “mischaracterization” of her motives (she had been accused of trying to get a promotion through a court case rather than simply getting her specialized certification as required).
Bowen tried to say, on behalf of the DOS, that a surreply should be rejected if it is simply a response to a “mischaracterization”.
But to mischaracterize a person’s motive is totally different than outright misquoting them, which is stating a false material fact - an apparent violation of Rule 3.3 as rolling stone cited.
So Bowen’s motion to reject the surreply tried to classify Bowen’s own previous statement of a false material fact (a breach of ethics if he refused to correct is, as he did by the motion to reject the surreply) as a mere “mischaracterization” - trying to stretch a ruling on apples to apply it to an orange colored red with crayon.
Geez, that was a confusing sentence. Can you tell I’m running on low sleep? lol. Maybe I should take a nap before I subject anybody to any more of this.
Ah yes thanks to Danae for my tagline...the rest of the pings is FYI
David maybe you can comment on the DC ethics?
DAMN Red!
Great find!
When you lie right out of the gate what do you expect people to believe of the rest?
Keep the pressure up. Good post.
I have to hand it to you, non-sequitur and the rest of the crew that is keeping on this flank of our last line of defense here in the US. You guys are guarding the Little Round Top of the Republic. Thank you.
Boots
Bump and ping!
Native and Natural Born Citizenship Explored
Request for Records DispositionAuthority
Separtment of State cable, Galovich Affidavit
Strunk's Opposition to motion for Summary Judgment to Dismiss
Reply to Strunk's Motion for Summary Judgment
Plaintiff's MOL w NOM for SURREPLY w Declaration and Proposed Order 08-Cv-2234
Affidavit of Phillip Hans Jacobsen
Strunk's Opposition to motion for Summary Judgment to Dismiss
GAO Recommendations Reveal Problems with DOS Cable
Best I can do with my limited HTML skillz...
Bump!
Every bit helps. Thanks!
Those who are able to post images, how do you do it?
power and/or money
Thanks for the PING
The day after Barry Soetoro leaves (what a nice word)
all the info in the world about him will be available...
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Thanks!
Does a PDF work as an image? On Wordpress I can get a PDF to show because it uploads it as an image. Or at least that’s what they call it. I just tried to post a PDF and it didn’t work.
I suppose if a PDF is converted to some other format like JPEG it would lose its clickable links, huh?
Yeah, I think so.
I always thought is very strange that the NBC issue on the airways went AWOL sometime after midsummer 2008 and wondered WHY!
Every possibly political issue is/was freely discussed on the radio/TV talk shows, but suddenly went underground!!
Even so called "Conservatives" like Coulter and Glenn Book made viciously attacks on we the Constitutionalists for bringing up the questions, made absolutely NO sense. They will mention masturbation, witchcraft, etc., but NOTHING about NBC and that includes Rush who went off the golden microphone one day, without telling he was called into the principals office(?). However I think the answer lies in this excerpts from NewsMax, and here you have it, see for yourself. Remember he also had a "secret" meeting with SCOTUS on January 14(?) 2009 and now Thomas says "EVADING"!!!:
"Obama Hates Fox News
Dear Dick Morris Reader: It's the summer of 2008 and Barack Obama is beginning to slip in the election polls. He blames Fox News for his election worries. He agrees to a secret meeting at New York's posh Waldorf Astoria hotel with the head of Fox News, Roger Ailes and other top honchos of their parent company News Corp. The meeting goes into meltdown mode as a finger wagging Obama furiously vents his anger against Fox and their top conservative host Sean Hannity. Have you heard about this? Probably not, but Newsmax magazine, in a just-released special report "Obama Hates Fox News," reveals how Obama's war on Fox News all began, how it unfolded, and even predicts what will happen in the future."
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