Another Court Denounces Justice Department and Threatens Sanctions

sealdojThe Justice Department is facing yet another possible contempt sanction from a federal judge. This is becoming something of a trend for the Justice Department. One could only imagine the response of the bar to a private law firm with such a record of contempt. The latest threat comes from United States District Court Chief Judge Vaughn Walker in Al-Haramain v. Obama. This remains one of the most troubling cases from the Bush Administration and the Obama Administration has again yielded to the worst element in the Justice Department in continuing the same policies and practices of its predecessor.

The case involves unlawful surveillance by the NSA. The Justice Department previously threatened the extraordinary act to removing evidence from the court after the court refused to yield to its demand. Despite orders to the contrary, the Justice Department continues to file motions to dismiss. In January, Chief Judge denied the government’s third motion to dismiss the case and the Ninth Circuit has also rejected the government’s case. Yet, the Justice Department continues in open contempt of the court.

Walker appears to have finally had enough, noting that the government was “continuing to assert legal positions already specifically rejected by the court in previous orders” and “government officials in one or
more defendant agencies, including the NSA Director … are refusing to cooperate with the court’s orders.” He has issued a show cause order on why he should not start handing out sanctions.

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31 thoughts on “Another Court Denounces Justice Department and Threatens Sanctions”

  1. As of Saturday, May 30, DOJ has completed a high level review of the state secrets defense in this cae.

    It just filed with the court. It is continuing to maintain the defense.

  2. Cherry

    Your wrote: Obama has violated human rights accords, the Geneva Convention, our Constitution, etc. I will not listen to him blaming Bush for one single more thing.

    There is an easy remedy for you. Stop watching TV News. Stop coming to this blog. You don’t have to listen to or read anything that offends your delicate sensibilities ever again.

    Have a nice day.

  3. Cindy,

    I originally came here looking for information about the natural born citizen issue and found that Professor Turley and the posters here had covered the issue thoroughly (sorry, but I don’t have the link). After reading the discussion here I concluded that President Obama is constitutionally eligible to be president. I don’t think you will find many people here who see him as evil or tyrannical, either. I find that throwing around those sorts of terms tends to indicate extreme bias and an unwillingness to honestly look at the facts. President Bush did things that are far more tyrannical than President Obama has done, yet I would not call him evil (I might make an exception for his vice president, Dick the war criminal). Frankly, I’m sick of hard core conservatives trying to paint the president as some far left-wing, socialist, communist, fascist radical. Yes, I, along with many others here, are worried about some of the things that he has done, but I agree with 90% of his actions and on many of the issues I disagree with him it is because he is too moderate. The conservatives had control of this country for eight years and they have made a huge mess – the president is mostly doing what he said he would and trying to fix the huge problems that he inherited. Like it or not, this is the course our country has chosen and we will succeed or fail with our president. Remember that during the Bush administration attitudes like yours were called unpatriotic – and yet now there is a conservative chorus saying things about our president that they would have vitriolically denounced if said about a president that they voted for making Limbaugh, Hannity, Cheney, and all of the other hate-filled fear mongers hypocrites who should just shut up.

  4. Never having been a fan of Bush, conservative though I am, Obama’s tyrannical tendencies were obvious from the get go, he’s in a whole other class of evil, and if action is not taken soon, it will be too late. By “action” I mean he needs to be impeached … the simplest way is to look at the legislative history behind the Constitutional requirement and point out that to be a *natural born* citizen one must have *both* parents who are US citizens.

  5. LindyLou,

    That was not directed at you. It was at everyone.

  6. JT: you say, “…. the Obama Administration has again yielded to the worst element in the Justice Department in continuing the same policies and practices of its predecessor.”

    I’m curious. On what basis do you opine that the administration is yielding to DOJ? How do you know that the Obama administration isn’t actively supporting this approach?

  7. Anonymously yours,

    I’m not getting you. When was I not “nice” to you? Unless, of course, you are actually Cherry and you just hate being reminded of Dick Cheney’s little business deals.

    Are you still mad at me because I said my brother has a better sense of humor than you do?

    He’s a better judge of character, too. Patty and I couldn’t be more different.

  8. AY,

    No way. I don’t look a thing like Katharine Ross and I think Jill is cool, fun, brave, and only wrong once in a while.

  9. Replace the name Obama with McCain, keep all the other facts the same, and cherry would probably be screeching about “Activist Judges” instead.

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