Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: TYVets
I find it interesting that AP does not name the federal magistrate.

There's a reason for that. I am not a lawyer but I have had dealings in US District Court as a plaintiff in a civil suit against the Federal government. As it was explained to me by my lawyer at the time, a magistrate cannot hear a case. There's a little trick they do when a judge is first assigned to a case. They call both parties in before a magistrate. This meeting is held in private in the magistrates chambers and he (the magistrate) does his damnedest to get the parties to settle before the time and expense of a trial. During that meeting he offers his candid, and hence off the record, opinion on the case. In my case the magistrate told the US Attorney that there was no way he could see the judge ruling in their favor. They settled then and there. I suspect that this was a similar meeting. They need to hang tough and get before a judge.

35 posted on 09/06/2010 12:23:41 PM PDT by atomic_dog
[ Post Reply | Private Reply | To 27 | View Replies ]


To: atomic_dog
Thanks for the information and the great explanation.

I too want to see the states have their day in court.

IMHO "Interstate Commerce" has been abused over and over by the federal government.

41 posted on 09/07/2010 7:58:46 AM PDT by TYVets
[ Post Reply | Private Reply | To 35 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson