My only worry with the appeal is that they did not hire somebody like Ted Olson to write it - I am afraid they only listen to insiders - I don't want to have to hear that Gibbs did not file the proper argument therefore it was dismissed...does anybody know if there are some secret higherups advising Gibbs?
Go read it, it is a good appeal
I am in the middle of it. It is very good.
It sounds like the two lower federal courts simply ignored the intent of Congress rather than the initial appeal being fatally flawed. (Whittemore is pure evil, IMHO.) Gibbs may have been too naive, but I don't think he was negligent, as someone asserted to me yesterday.
Can you please post a direct link to the appeal. I cannot find it on the Find Law page.