Rather than continue to bog down Randy's wolf live hunt, let's continue to beat each other up here.
Who am I scapegoating?
Yes, we regularly communicate with all three of our delegation. We only get responses from our senators.
Any lawyer worth their salt will venue shop to try and get a judge that they believe will be leaning in their direction. WY did it with their case, just as they did on the Roadless issue. Based on my understanding of the ESA, and in particular how the EIS was written, the ruling that Judge Molloy made could withstand appeal. The State and the Fed felt like their case was weak based on the EIS and the recovery zone being defined so specifically, and having all three states lined up as being within the recovery zone. I spent a lot of time talking with the (now retired) Chief Legal Counsel for FWP on this over the last few years. So I am operating from a fairly well informed position, and not one of supposition, like others.
You have yet to offer any legal opinion as to why you think Judge Molloy was wrong. I am interested to hear your take on this, rather than just throw out broad-based allegations of bias on a judges part. Argue the merits of your legal opinion.
I have no opinion on Judge Christensen. I do know that he, along with a few others, were unanimously consented to by the senate. All 100 senators voted in favor of his appointment. How often does that happen? Time will tell as to how good a judge Christensen is. I'm curious, was your distaste for people appointing judges or lawyers they know as strong when President Bush tried to get his personal attorney appointed to the Supreme Court?
I will say; "I am shocked. The 9th just ruled against their own precedent. Here we go to the supreme court." Then I will work to raise the necessary legal fees that will be required to take this case to the supreme court. If I can't do that, then I will work with whomever I can to finish this issue once and for all. Just like we did with Simpson/Tester.
My consulting fee on legal cases is $100/hr. Cheaper than an attorney, but with a better win/loss ratio than most. I look forward to our future endeavors. PM me for my private contact info.
It was a joke, Mighty. Relax.Black Helicopters and the UN, certainly you can do better than that.
Ben,you love to scapegoat as long as fault doesn't fall on your political buddies, Tester and Baucus or the groups that support them. Do you lobby these two in your position? Are they your friends? Do you honestly believe that the eco-elite groups did not seek out a friendly face on the federal bench with Judge Molloy? By your reasoning, every federal district judge in Wyoming, Idaho and Montana would have ruled the exact same way as Judge Molloy. Their hands were tied and they would have had no choice. Really? You are extremely naive when it comes to the nature of politically appointed federal judges. Absent corruption or criminal behavior, federal district judges are untouchable. The people that nominate and appoint them know this and so do the judges.
Who am I scapegoating?
Yes, we regularly communicate with all three of our delegation. We only get responses from our senators.
Any lawyer worth their salt will venue shop to try and get a judge that they believe will be leaning in their direction. WY did it with their case, just as they did on the Roadless issue. Based on my understanding of the ESA, and in particular how the EIS was written, the ruling that Judge Molloy made could withstand appeal. The State and the Fed felt like their case was weak based on the EIS and the recovery zone being defined so specifically, and having all three states lined up as being within the recovery zone. I spent a lot of time talking with the (now retired) Chief Legal Counsel for FWP on this over the last few years. So I am operating from a fairly well informed position, and not one of supposition, like others.
You have yet to offer any legal opinion as to why you think Judge Molloy was wrong. I am interested to hear your take on this, rather than just throw out broad-based allegations of bias on a judges part. Argue the merits of your legal opinion.
What is your opinion of the appointment of Dana Christensen as Montana's new Federal District Judge? I posted on this a few days ago on MM and OYOA and got almost zero response. That kind of supports my earlier position about the complacency of the public on the issue of judicial appointments. Your guy, Max Baucus, sought his appointment to the federal bench. Earlier, Max Baucus had used him to do the vetting of the Melodee Hanes appointment as U.S. Attorney for Montana. During that vetting, Christensen failed to discover that Max and Melodee were involved. That must surely just be a coincidence.
I have no opinion on Judge Christensen. I do know that he, along with a few others, were unanimously consented to by the senate. All 100 senators voted in favor of his appointment. How often does that happen? Time will tell as to how good a judge Christensen is. I'm curious, was your distaste for people appointing judges or lawyers they know as strong when President Bush tried to get his personal attorney appointed to the Supreme Court?
What will you say if the Ninth Circuit Court of Appeals overturns the latest ruling of Judge Molloy on the wolf ? I find that such a ruling is doubtful but certainly not impossible. If the issue is so clearcut, we should have had a decision by now. Courts and judges can twist the law to effectuate any result they seek. Only time will tell. Do you know the makeup of the judicial panel deciding that case? It might surprise you. Did you predict the last decision of the Ninth Circuit Court of Appeals upholding the last decision of Judge Molloy that kept the grizzly bear listed? If I decide to come out of retirement as a lawyer, I may need your services to predict the outcome of any litigation I am involved in.
I will say; "I am shocked. The 9th just ruled against their own precedent. Here we go to the supreme court." Then I will work to raise the necessary legal fees that will be required to take this case to the supreme court. If I can't do that, then I will work with whomever I can to finish this issue once and for all. Just like we did with Simpson/Tester.
My consulting fee on legal cases is $100/hr. Cheaper than an attorney, but with a better win/loss ratio than most. I look forward to our future endeavors. PM me for my private contact info.