He stated very clearly what the basis was under which he could grant injunctive relief. He then denied it on the grounds that they were unlikely to prevail. He ruled they were unlikely to prevail based on the findings of the trial court, even though the legal procedure prescribed by the Congress required him to try the case de novo.
What was laid before him for the injunction was that plaintiff/petitioner would die prior to trial if he did not grant injunctive relief.
Gibbs' argument for due process violations was premised on the procedures and orders of Greer. It was Gibbs who introduced Greer into the proceedings for Whittemore's consideration. Regarding the de novo trial, Whittemore has not yet tried the case.