Government files REPLY IN SUPPORT OF MOTION FOR LEAVE TO FILE RESPONSE TO DEFENDANT’S SECTION 538 MOTION WITH FOURTH BRIEF ON CROSS-APPEAL
Last night (April 2, 2015) Federal Prosecutor David Kowal stayed up late into the night and filed the Government's response to Lynch's Sec 538 Motion at 11:07 pm.
Basically Government wants a merits panel to review Lynch's Sec 538 request.
"As set forth above, however, because the truncated, incomplete procedure requested by defendant for resolving the Section 538 issue is inappropriate, imprudent and unfair, defendant’s motion should be referred to the merits panel assigned to resolve these consolidated cross-appeals and the government should be permitted to file its response along with its fourth and final brief."
Prosecutor also reminds us the US Solicitor General has authorized his work:
This is particularly so where, as is the case with the government’s cross-appeal here, the appeal is a government affirmative appeal authorized by the United States Solicitor General.
Government also reminds us that Lynch has stalled the case for years and is now demanding Urgent Motions:
"Moreover, as reflected in the government’s second brief on cross-appeal, the government continually sought prompt resolution of sentencing and other post-trial issues in district court, only to be thwarted by the successful attempts of defendant and the district court to repeatedly continue and delay matters..."
The Government starts tearing the new Sec 538 law apart by stating the following
"Section 538 says nothing about “local laws,” but rather “State laws.”
And finally the Government Prosecutor is feeling confident about his work:
"The government is confident that when this Court reviews the entire briefing and full district court record in this matter that it will reject defendant’s Section 538 claim"
Lynch noted that he 'was tired of being a pawn in this stupid game of legal jeopardy' and that he has not had gainful employment for over two years mostly due to the pending dark cloud case hanging over him for eight years. He said he would continue the fight regardless because our Government is not treating people fairly and the time is NOW for change. Lynch threw out one of his favorite quotes "Just Say NOW! to legalization.