Government Files GOVERNMENT’S MOTION FOR LEAVE TO FILE RESPONSE TO DEFENDANT’S SECTION 538 MOTION WITH FOURTH BRIEF ON CROSS-APPEAL
On March 10, 2015 the Federal Government filed their response to Lynch's Section 538 Motion. The Government wants Lynch's 538 Motion to be reviewed by a 'merits panel'.
"To the government’s knowledge, defendant’s motion is the first appellate filing in the country to invoke Section 538 against the government. To the extent that this Court elects to publish its decision resolving defendant’s motion, that decision will be binding precedent in each of the 12 federal judicial districts in the eight states mentioned in Section 538. This Court has a long tradition of referring such potentially precedent-setting motions to merits panels."
The Government is also seeking to have Judge Wu remanded from the Lynch case:
"...because the government—with the approval of the United States Solicitor General—has sought reassignment to a different district judge for any further proceedings on remand."
The Government wants Lynch's Appeal and Section 538 Motions considered together and says:
"It will also give the government the opportunity for full consideration and briefing of what is essentially a new ground for dismissing its conviction, presented for the first time on appeal by means of a motion."
Finally what the Government is requesting in the Response:
"...For all these reasons, this Court should refer defendant’s motion to the merits panel assigned to hear these consolidated cross-appeals..."