Free Republic

A three-judge federal appeals court said Tuesday the DOJ’s settlement with Fokker Services B.V. for alleged sanctions violations could go ahead after a district court judge rejected the arrangement as “anemic.” The U.S. Court of Appeals in Washington, DC said prosecutors and not judges make decisions to enter into deferred prosecution agreement with corporate defendants. In February 2015, federal district court judge Richard Leon refused to approve the settlement. He said the proposed $21 million penalty was “grossly disproportionate to the gravity of Fokker Sercvices’ conduct in a post-911 world.” Holland-based Fokker Services admitted in a 2014 plea deal that...

Chief Judge Garland to the IRS's lawyer: 'Go back and ask your superiors whether they want us to represent that the government's position in this case is that the government is free to unconstitutionally discriminate against its citizens for 270 days." In a highly unusual public thrashing of a government lawyer for the Internal Revenue Service by the second highest U.S. court, the D.C. Circuit Court of Appeals, asked: “You don’t really mean that the IRS is free to discriminate against its citizens, do you?” The judges asked this question several times in several different ways of the Department of...

-Lawyers for Washington state and South Carolina on Tuesday accused President Barack Obama of exceeding his constitutional power in closing the Yucca Mountain nuclear-waste repository. Washington state Assistant Attorney General Andrew Fitz told a federal appellate court that Obama's refusal to fund continued development of the Nevada site violates the 1982 Nuclear Waste Policy Act. "He's acting unconstitutionally under the separation of powers doctrine because he doesn't have the authority under the statute," Fitz told a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit. "He had no authority to reverse it." In 1987 amendments...