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Thread: WI: "John Doe" investigation is now a dead issue

  1. #31
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    I hadn't noted that. Now I'll to read the appeal. Durn.
    Eric

    WRC HR Lennoxlove's Run with Wolves JH, WCX ("Cheyenne") ... still so fondly remembered
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  2. #32
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    OK. Now I've read the order of the 7th Circuit Court. What the order did was two things, First of all, the defendants had filed the start of an appeal back in March or April.

    1) The case had been closed by preliminary injunction. This action was set aside because a notice of appeal was already filed. For this reason, the case was returned. See below from the 7th Circuit order.

    "Apostol v. Gallion, 870 F.2d 1335 (7th Cir. 1989), holds that, once a litigant files a notice of appeal, a district court may not take any further action in the suit unless it certifies that the appeal is frivolous. The district court failed to follow that rule when, despite the notice of appeal filed by several defendants, it entered a preliminary injunction. This court accordingly stays the injunction, and all further proceedings in the district court, until the
    judge has ruled definitively on the question posed by Apostol."

    Thus, to dot the "i" and cross the "t", the case needs to be declared by the trial judge to be declared to be frivolous. He did that the next day. However, the appeal will now continue now that the district court case is over.

    2) Since the case is now on appeal, the evidence needs to be retained so it can be used as a part of the appeal. If the appeal fails, then it will be back to the district judge and he could order the destruction again.

    The order of the 7th Circuit is basically a housekeeping issue. There is nothing at this point that says the appeal will be upheld.
    Eric

    WRC HR Lennoxlove's Run with Wolves JH, WCX ("Cheyenne") ... still so fondly remembered
    HRCh Struan's Devil's in De Tails SH, WCX ("Lucy")
    SR CH Struan's Flight of Fancy JH ("Muse")
    Struan's Master of the Hunt JH, WC ("Charlie")
    Struan's Just Plain Perfect ("Jane")
    Struan's Driving Us Crazy ("Daisy") ... the baby in charge

  3. #33
    Senior Member Gerry Clinchy's Avatar
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    I'm really glad that there are no biased liberal/progressive judges. Sotomayor, for example, would never let her liberal beliefs interfere with her faithfulness to the Constitution.
    G.Clinchy@gmail.com
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  4. #34
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    Quote Originally Posted by Gerry Clinchy View Post
    I'm really glad that there are no biased liberal/progressive judges. Sotomayor, for example, would never let her liberal beliefs interfere with her faithfulness to the Constitution.
    The judge in question, was involved in railroading a civil servant for political reasons, the prosecutor of that case went on to be a top lawyer for Walker's campaign, and his wife just happens to be the judge's assistant. Yes, I imagine there is a whole lot of coincidence in there.

  5. #35
    Senior Member Gerry Clinchy's Avatar
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    Quote Originally Posted by mngundog View Post
    The judge in question, was involved in railroading a civil servant for political reasons, the prosecutor of that case went on to be a top lawyer for Walker's campaign, and his wife just happens to be the judge's assistant. Yes, I imagine there is a whole lot of coincidence in there.
    Read my post again ... is there any denial there that the case in question might not involve any political hanky-panky?

    On one thing most of us agree upon (except maybe menmon?), that would be that corruption is a bipartisan affliction. Not just bipartisan, but multi-partisan.
    G.Clinchy@gmail.com
    "Know in your heart that all things are possible. We couldn't conceive of a miracle if none ever happened." -Libby Fudim

    ​I don't use the PM feature, so just email me direct at the address shown above.

  6. #36
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    Quote Originally Posted by mngundog View Post
    The judge in question, was involved in railroading a civil servant for political reasons, ...
    Was that not a jury trial after a grand jury indictment? No judge in involved in this process.

    Also, the judge that you question only took the case when it was half way or better towards completion. All of the pre-trial stuff was in the hands of another.

    What is your source for " ... railroading a civil servant ..."? Did you read it? Please summarize the case for us. Please note that I saw the docket for the appeal but there is no opinion on file. IOW, there's no way to know what was presented and the basis for the reversal. There's just no way to know what occurred other than that the trial court was reversed and that happens.
    Last edited by Eric Johnson; 05-16-2014 at 08:50 PM.
    Eric

    WRC HR Lennoxlove's Run with Wolves JH, WCX ("Cheyenne") ... still so fondly remembered
    HRCh Struan's Devil's in De Tails SH, WCX ("Lucy")
    SR CH Struan's Flight of Fancy JH ("Muse")
    Struan's Master of the Hunt JH, WC ("Charlie")
    Struan's Just Plain Perfect ("Jane")
    Struan's Driving Us Crazy ("Daisy") ... the baby in charge

  7. #37
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    Quote Originally Posted by Eric Johnson View Post
    Was that not a jury trial after a grand jury indictment? No judge in involved in this process.

    Also, the judge that you question only took the case when it was half way or better towards completion. All of the pre-trial stuff was in the hands of another.

    What is your source for " ... railroading a civil servant ..."? Did you read it? Please summarize the case for us. Please note that I saw the docket for the appeal but there is no opinion on file. IOW, there's no way to know what was presented and the basis for the reversal. There's just no way to know what occurred other than that the trial court was reversed and that happens.
    http://openjurist.org/484/f3d/877/un...s-v-l-thompson

  8. #38
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    Thank you. This is an interesting explanation of the differences between a mistake and a crime. It's clear that the appellate court took the Federal government and the prosecutor to the woodshed.
    Eric

    WRC HR Lennoxlove's Run with Wolves JH, WCX ("Cheyenne") ... still so fondly remembered
    HRCh Struan's Devil's in De Tails SH, WCX ("Lucy")
    SR CH Struan's Flight of Fancy JH ("Muse")
    Struan's Master of the Hunt JH, WC ("Charlie")
    Struan's Just Plain Perfect ("Jane")
    Struan's Driving Us Crazy ("Daisy") ... the baby in charge

  9. #39
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