Replies

Looks like Murtha will breath a little easier for a while now that the DOJ plans to appeal the federal court's ruling. But I doubt his worries are over. According to Zaid, the US Court of Appeals, DC, will determine whether it even has jurisdiction at this point or whether they should let the deposition continue.

The ruling at the end of September by federal court was only for a deposition. Their point was that Murtha couldn't summarily have the DOJ dismiss any of his words saying he was officially working as a govt employee and was therefore protected from libel. The deposition was ordered to determine whether he was or wasn't talking officially.

The Court of Appeals may simply say Murtha can't appeal this until the lower court has their deposition and determines if the suit should go forward or stop with that. I guess I don't understand why the Court of Appeals would take this now since nothing's been determined at this point, hence, there's nothing to appeal.