9 Comments
Brenner M. Fissell
12/11/2020 04:00:33 pm
Perhaps ACCA hoped to avoid the merits by deciding this on the reasonable diligence prong—but this prong should not decide this case. FOIA requests are highly unusual and rarely if ever take place in a normal criminal litigation. How can it be that a failure to undertake this extraordinary measure constitutes a lack of reasonable diligence?
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Don Rehkopf
12/12/2020 09:58:45 am
However, FOIA requests and responses frequently trigger post-conviction or extraordinary relief proceedings. It was the results of FOIA requests in Al-Nashiri that triggered the disqualification issues with the then MJ in that case, those FOIA responses were then made part of the public record in Al-Nashiri, which I obtained while the Snyder case was at AFCCA, which allowed us to supplement the record, and ignored the issue [pending reconsideration at CAAF].
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Greylord
12/13/2020 03:38:24 am
You just have to accept the the CCA are just boot lickers. Once you realize this their legal gymnastics become clear.
Poster
12/11/2020 04:11:52 pm
ACCA refers to US v. Kates lavishly. I'll post a link here and let you decide whether it possesses sufficient precedent.
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Poster
12/12/2020 11:51:11 am
Don Rehkopf,
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12/13/2020 09:40:44 am
Van Buren v. United States.
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Greylord
12/13/2020 11:58:50 am
That's correct. I had it backwards.
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12/13/2020 12:10:21 pm
On Grostefon, the court should be reviewing them and on occasion an CCA will grant relief as does CAAF grant a petition on a Grosty.
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Scott
12/13/2020 01:26:52 pm
I certainly wouldn’t go so far as to call the CCAs “boot lickers.” (1) The CCAs are made up of many constantly changing panels and they have different approaches, (2) the CCAs do, occasionally, rock the boat with an opinion that deviates from the party line, and (3) professional courtesy.
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