Obama administration claims a right to hide evidence before Supreme Court

washingtonexaminer.com ^ | 12/10/14 | Kyndra Miller Rotunda and Rear Admiral James Carey (Ret.) and Bob Carey and Joshua Flynn-Brown

[ColdOne]

Today, the Supreme Court will hear oral arguments in United States v. June, a case that has received little attention, but will have far-reaching implications. The case boils down to this: Can the federal government actively conceal material evidence in order to escape liability? Common sense says no. The Obama administration says yes.

June involves the Federal Torts Claims Act (FTCA) and a doctrine called “equitable tolling.” Prior to 1946, the doctrine of sovereign immunity prohibited citizens from filing suit against the government. That all changed in 1946, when a military plane crashed into the Empire State Building, killing and injuring many civilians. Congress responded by enacting the FTCA, which waives sovereign immunity and allows citizens to sue the government in instances.

However, claimants must file a claim within two years of injury. Equitable tolling freezes those two years under certain considerations, like government officials hiding pertinent facts. Courts across the country have consistently applied the doctrine of equitable tolling to FTCA claims.

[a fool in paradise]

TRANSPARENCY #SMIDGEN

[Logical me]

That should make the Supreme Court really happy. Or is the Court really dumb nuts that don't give a shi!. Either way, it is more evidence that the Court as now comprised is crap. Take the case of Roberts and his tax reason. He is a fool.

[skinkinthegrass]

Fine. Defund O'B@$t@rdCARE!

[Obama_Is_Sabotaging_America]

Where’s the Bergdahl report?

[GeronL]

I guess the discovery phase is an adventure

[M Kehoe]

Bttt.

5.56mm

[ColdOne]

They will release that just like they release all other things. To use it to distract or for best political gain. What is coming up next that obie/valjar need distraction from?

[Bratch]

---

In the June case, a minor child was killed in a car crash when a median barrier failed. The barrier had failed safety crash testing; the government knew but installed it anyway. When the plaintiff investigated, the government would not make federal employees — who knew the truth — available for deposition until after the two year deadline to file. The government now argues that equitable tolling should not apply to claims brought under the FTCA. It maintains that it can avoid liability by hiding evidence and waiting for the clock to run out.

---

[a fool in paradise]

Hide and go seek/delay.

[omega4412]

The whole idea of sovereign immunity is a hangover from the days when the king was the source of all justice and “the king could do no wrong.” Inconsistent with the rule of law.

[Artcore]

And guess what? Obama is going to get away with this.

Yep, Romney would be doing this exact same thing. Glad we showed him a thing or two.

[BenLurkin]

Always is.

[HiTech RedNeck]

it isn’t even about the money, but about the image.

[MtnMan101]

[erkelly]

I know you are trying to be sarcastic. None-the-less, I think you are quite correct. Romney is no better than Obama. And thank goodness that in two years, we will have the opportunity if we are smart about it, to nominate someone who will put things to right.

[Boogieman]

“Equitable tolling freezes those two years under certain considerations, like government officials hiding pertinent facts.”

It seems to me that Obama’s lawyers argue out of both sides of their mouths. They want to ignore the statute of limitations on civil liability, when it comes to corporations (like in the Lily Ledbetter case), but they don’t want to provide similar exceptions for their own misconduct.

[Nachum]

The list, Ping

Let me know if you would like to be on or off the ping list

http://www.nachumlist.com/

[NorthMountain]

His Execrable Majesty Emperor Baracula is not bound by the law. Truth is whatever Baracula says ... he speaks and his word is reality.

In his mind, anyway.

George III was better behaved.

[NorthMountain]

They speak with forked tongue.