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What's next in the MFF law suit?

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Yesterday Edward Connor posted this on Jeff Morley's site:
MFF can appeal the adverse rulings by the judge on the 3 dismissed counts, but not yet.

The "Final Judgment Rule" applies to all U S District Court cases. Under 28 USC sec. 1291, an Order dismissing part of a claim cannot be aoppealed until the District Court disposes of all remaining claims (renders a "final judgment.") The only time a party may file an interlocutory appeal (an appeal of a partial judment while other claims remain outstanding) is when the court determines that the matter to be appealed is of such grave urgency that any delay in deciding it would cause irreperable harm.

After 60 years, a little more delay is probably not unreasonable.

I responded, but apparently the comments section is already closed:


The procedural rule you cite is likely to do considerable damage in this case. The judge dismissed every fundamental argument made by MFF, while granting discussion on some more peripheral points.

He said: (1) NARA is not the functional successor to the ARRB; it's a separate entity. (2) even though the JFK Act established deadline of 19 years (now 25) after the ARRB closed, for all records to be made public, Congress explicitly declared that the ARRB's obligation to collect those records ended when its doors closed, and it provided for no other agency to continue the job (citing Section 12 (a) of the Act. (3) while ignoring Section 12 (b) of the Act that says the job shall continue after the ARRB closes until NARA's Archivist certifies to the President and Congress that all JFK records have been made public, and (4) even if NARA has some role, MFF "made clear" it was only challenging the their ""pattern and practice" of refusing to search for records, but "not NARA's actions in any individual instance" as the law requires (probably the judge's most blatant falsehood).

If the judge's ruling stands, if it assumed to be correct, it will color what he decides about the remaining issues like whether NARA has maintained accurate indexes or its release of legislative records.

Isn't there some provision for an appeal, either to the judge or to a higher court, that allows MMF to make a "logical prior" argument that the judge's errors are so fundamental they must be corrected before those other issues are addressed. Or perhaps a possibility for MFF to waive the hearing on the issues the judge identified pending an appeal on the ruling itself?

I understand why Bill and Larry do not want to talk in public about their strategy going forward, but are there other lawyers, or others, who can chime in on the appeal question?

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Hi Roger,

What I can say is that the Plaintiffs are not confined to appeal.  The Plaintiffs are considering their options.  We will reach a decision within the next month.  Thanks to everyone for their support and their critical thinking.

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A side note:

Some say tax law, when it becomes so complicated that even intelligent laymen cannot grasp what is going on, then becomes inherently anti-democratic. 

Keep It Simple Stupid (KISS) is a good rule for democracy.

Really, I cannot understand the Obama-appointed Seeborg's ruling. This topic bewilders me. 

I thought the JFK Act said all records become public in 2017, almost no ifs, ands and buts. Some rare exceptions were to be allowed, fully noted and explained, based on explicit and real national security concerns. 

Trump illegally extended the deadline, and now Biden has done his snuff job on the JFK Records Act.

The Dictator-Puppet Commander-in-Chief Biden has declared  "game over." And the Donk-state media is unconcerned, while certain populist sites might have murmured a fleeting protest.

I don't under why Seeborg doesn't rule the JFK Records records are being illegally suppressed. But then, I am just a citizen. 



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