The Court Has Decided

[rushmc 23]

http://www.foxnews.com/story/0,2933,290021,00.html

"America will never be destroyed from the outside,
if we falter and lose our freedoms,
it will be because we destroyed ourselves."
Abraham Lincoln

[Zipp0 1]

Dismissed on jurisdiction, not on merit. Judge made no comment as to merit or constitutional issues.

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Chuck Norris doesn't do push-ups, he pushes the Earth down.

[rushmc 23]

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Dismissed on jurisdiction, not on merit. Judge made no comment as to merit or constitutional issues.

"America will never be destroyed from the outside,
if we falter and lose our freedoms,
it will be because we destroyed ourselves."
Abraham Lincoln

[Zipp0 1]

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Dismissed on jurisdiction, not on merit. Judge made no comment as to merit or constitutional issues.

Go ahead and gloat - I stopped REALLY caring about that issue quite a while ago. At the same time, many people, I'd guess, feel that the merit and constitutional issues are the important factors, and the jurisdictional crap is a technical issue the judge used to get his ass off the hook on the case.

Maybe, maybe not - I'm no legal scholar.

The bottom line is, lame duck Bush and his peeps will be out soon enough, so this kind of shit doesn't much matter anymore.

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Chuck Norris doesn't do push-ups, he pushes the Earth down.

[lummy 4]

from the memorandum

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The Court also finds that it lacks subject-matter jurisdiction over the tort
claim because plaintiffs have not exhausted their administrative remedies under the Federal Tort
Claims Act, which is the proper, and exclusive, avenue for relief on such a claim.

I'm no lawyer, but it sounds like they're in the wrong court

I promise not to TP Davis under canopy.. I promise not to TP Davis under canopy.. eat sushi, get smoochieTTK#1

[normiss 806]

It will be sooo much better with Obama in office.

[quade 4]

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Dismissed on jurisdiction, not on merit. Judge made no comment as to merit or constitutional issues.

Well, the biggest issue, as is my understanding, is that normally public officials like Cheney and Rove would be immune from something like this to begin with, so she was fighting an uphill battle from the outset.

It's really a pity that people in power can abuse others with no consequences whatsoever. Normally in a private sector job a person would be able to sue for lost wages or in this case the loss of an entire career, but not when it comes to politicians and our government.

Sucks to be her, but it was a long shot anyway.

quade -
The World's Most Boring Skydiver

[Zipp0 1]

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It will be sooo much better with Obama in office.

Let's not get crazy!

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Chuck Norris doesn't do push-ups, he pushes the Earth down.

[lawrocket 3]

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from the memorandum

Quote

The Court also finds that it lacks subject-matter jurisdiction over the tort
claim because plaintiffs have not exhausted their administrative remedies under the Federal Tort
Claims Act, which is the proper, and exclusive, avenue for relief on such a claim.

I'm no lawyer, but it sounds like they're in the wrong court

No. They went to court too soon. You can only sue the government under the government's rules. Rather than just taking the government to court you have go go through the claims process under the Federal Tort Claims Act.

The way it works is that you first present a claim to the government. In this case "the government revealed my identity thus causing me harm of 10 million." The next step in the process is rejection of the claim. Yeah, like the government EVER approves a claim. There are other little nuances.

The key is that the court lacks jurisdiction over a case against it unless the claims process is exhausted. Only when that occurs can you sue.

In fact you must allege compliance in the compaint. Proving compliance with the claims statute is a requirement against the government - something you need not do if you are suing a common person.

My wife is hotter than your wife.

[grue 1]

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It will be sooo much better with Obama in office.

Yeah, it'll be awesome to piss away more civil liberties in the name of security, and piss away money on universal health care. Then once the government is wasting our money on the health care, they can implement more nanny laws to protect us from having any freedom, because they foot the bill for medical care. Medical care that, incidentally, gets compromised because given the choice between the more expensive but more efficient surgery that you'll recover from faster, they're going to take the cheaper option.

WOO! Sounds like paradise to me!

cavete terrae.

[quade 4]

Do you use Meguiar's to shine that crystal ball of yours?

I really have no idea what candidate you're actually talking about, but don't you think it's just a bit premature to make predictions like this?

quade -
The World's Most Boring Skydiver

[grue 1]

I was referring to Obama. He didn't vote against the Patriot Act, so he obviously doesn't give a shit about civil liberties. His biggest idea as a candidate seems to be universal health care, which is extremely overrated and something I'm 100% against.

cavete terrae.

[quade 4]

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I was referring to Obama. He didn't vote against the Patriot Act, so he obviously doesn't give a shit about civil liberties.

While I certainly can't defend his position on it because I simply don't know, it's not like he was exactly out of the majority opinion here. 89 yeas -- 10 neas -- 1 abstain.

http://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=109&session=2&vote=00029

Again, not defending anything having to do with the Patriot Act, but . . if you're going to hold that agaisnt him, you're going to have to also hold it agaisnt quite a few other candidates.

***His biggest idea as a candidate seems to be universal health care, which is extremely overrated and something I'm 100% against.

[url]

While YOU may not like universal health care, you should probably come to grips with the fact we already have socialized medicine in this country, we just don't call it that and it also just doesn't cover as many people as it really ought to due to some employers (WalMart for example) that don't actually provide their employees with a health benefit, but rather tell them to use emergency services. To -ME- that's simply shirking their responsibilities and part of the typical "let's see what we can get away with" mentality of some companies. It makes health care more expensive and less available for all of us. It's the tragedy of the commons.

quade -
The World's Most Boring Skydiver

[grue 1]

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Again, not defending anything having to do with the Patriot Act, but . . if you're going to hold that agaisnt him, you're going to have to also hold it agaisnt quite a few other candidates


healthcarestuff

I will not vote for anyone who didn't vote against the patriot act if they were in office when it was pushed through. Same for the military commissions act.

As for the healthcarestuff™, health care does need work, but I don't think the government taking over is the answer. Should the industry get an asskicking? I normally think the government needs to stay the fuck out of business matters, but this is one of the few cases where I'd support some forced reform. But should the government foot the bill for our health? Absolutely not. Those are the same assholes who won't let us order prescription meds from Canuckia.

cavete terrae.

[dorbie 0]

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Dismissed on jurisdiction, not on merit. Judge made no comment as to merit or constitutional issues.

Bwahaha!

Read past the headlines, the disclosure in response to vocal criticism of the administration fell within their role as public officials.

And we DO know exactly who leaked and under what circumstances.

[dorbie 0]

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Again, not defending anything having to do with the Patriot Act, but . . if you're going to hold that agaisnt him, you're going to have to also hold it agaisnt quite a few other candidates


healthcarestuff

I will not vote for anyone who didn't vote against the patriot act if they were in office when it was pushed through. Same for the military commissions act.

As for the healthcarestuff™, health care does need work, but I don't think the government taking over is the answer. Should the industry get an asskicking? I normally think the government needs to stay the fuck out of business matters, but this is one of the few cases where I'd support some forced reform. But should the government foot the bill for our health? Absolutely not. Those are the same assholes who won't let us order prescription meds from Canuckia.

That leaves you with a very short list.

Having listened a little bit to Obama he's naturally articulate and impressive. He doesn't sound like your typical US politician (what little I've heard). It's a shame that a black political figure has to be so much better than the white doofi around him in this country to get noticed unless he's a shit stirrer standing on the shoulders of a victim inciting an angry mob.

[grue 1]

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That leaves you with a very short list.

I already know who I'm voting for. if he doesn't make it to the final ballot, I'll write him in. Anything else is an ethical compromise.

Ron Paul in 2008!

cavete terrae.

[quade 4]

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I already know who I'm voting for. if he doesn't make it to the final ballot, I'll write him in. Anything else is an ethical compromise.

Ron Paul in 2008!

Okies, but I think you're really selling the entire process short if you've already made up your mind 100% and aren't willing to listen to what anyone else would have to say.

quade -
The World's Most Boring Skydiver

[grue 1]

I'm willing to listen, but there are certain things that I will not stand for:

Censorship, suppression of civil liberties, pretending to be a WorldCop, unprovoked war starting, etc. Out of those running, Dr Paul is the only person who meets most (not all) of the things I'm looking for. I won't pretend he's my perfect candidate, but he's closer than any other serious contender.

cavete terrae.

[normiss 806]

it's not as if we actually elect the positions anyway...we've prooved that a few times of late.

[Zipp0 1]

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the disclosure in response to vocal criticism of the administration fell within their role as public officials.

Bullshit. The one conviction in this case, for obstructing justice, and perjury was vacated by the criminal in chief himself. Those lies ensured that we would never know the truth.

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Chuck Norris doesn't do push-ups, he pushes the Earth down.

[Guest]

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It's really a pity that people in power can abuse others with no consequences whatsoever. Normally in a private sector job a person would be able to sue for lost wages or in this case the loss of an entire career, but not when it comes to politicians and our government.

Yeah, like Ruby Ridge and Waco.

mh
.

"The mouse does not know life until it is in the mouth of the cat."

[mnealtx 0]

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the disclosure in response to vocal criticism of the administration fell within their role as public officials.

Bullshit. The one conviction in this case, for obstructing justice, and perjury was vacated by the criminal in chief himself. Those lies ensured that we would never know the truth.

yeah, and he didn't even get any campaign contributions out of it...

Mike
I love you, Shannon and Jim.
POPS 9708 , SCR 14706

[dorbie 0]

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the disclosure in response to vocal criticism of the administration fell within their role as public officials.

Bullshit. The one conviction in this case, for obstructing justice, and perjury was vacated by the criminal in chief himself. Those lies ensured that we would never know the truth.

Your response verges on being a non-sequitur.

Tell it to the judge, as I said read beyond the headline. As for the Libby prosecution, that was for actions long after any relevant to Plame's claim.

[rushmc 23]

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the disclosure in response to vocal criticism of the administration fell within their role as public officials.

Bullshit. The one conviction in this case, for obstructing justice, and perjury was vacated by the criminal in chief himself. Those lies ensured that we would never know the truth.

NO, it was not. Only the sentence was comuted. The conviction remains and he paid his fine. The only thing Libby did not do was go to prison.

He should have been pardoned but I think they both want this to go through the apeals process and have it overturned

"America will never be destroyed from the outside,
if we falter and lose our freedoms,
it will be because we destroyed ourselves."
Abraham Lincoln