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To: Scholastic
The United States government has declined to respond to the Sanderses' summary judgment motion – "Rule 56.1 Statement." Incredibly, by so declining, U.S. Attorney Kevin Cleary has conceded that the Sanderses' 32 damning charges against his clients cannot be rebutted.

World Net Daily huh?

This is extremely hyperbolic. How about giving us some facts?

I don't know anything about this case, and after reading this I still don't. I do know that there are other reasons not to respond to a motion.

Perhaps it wasn't worth doing because the motion was a minor point in a suit is that is certain to be rejected, just for one alternative explanation.

9 posted on 03/13/2003 8:23:03 AM PST by mlo
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To: mlo
This was a Motion for Summary Judgement. Is that a minor motion?
18 posted on 03/13/2003 8:33:43 AM PST by savedbygrace
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To: mlo
I do know that there are other reasons not to respond to a motion.
Perhaps it wasn't worth doing because the motion was a minor point in a suit is that is certain to be rejected, just for one alternative explanation.

Precisely. Glad to see someone else thinking.

People have really got to start reading things with a critical eye, even stuff from CONSERVATIVE sources, and even things they WANT to believe.

19 posted on 03/13/2003 8:36:17 AM PST by John H K
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To: mlo
I don't know anything about this case, and after reading this I still don't. I do know that there are other reasons not to respond to a motion.

In this case, it is a motion for summary judgement. Such a motion will be granted if there are no grounds for a trial. There are no grounds for a trial if there is no issue of material fact, and judgement is permitted by law. There is no need to re-assert that there are issues of material fact; and any facts in dispute must be given to the non-moving party in order to render a decision on the motion (i.e., take the government's side AS TRUE! and faced with that, conclude that the opponent wins anyway).

70 posted on 03/13/2003 9:52:24 AM PST by Cboldt
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To: mlo
Please explain, if you will, how the grant of summary judgment against the government will be a "minor point."

In some 30 years of litigation experience I have never seen the government fail to contest a summary judgment motion. Not only is this minor, it is an extremely significant breakthrough.

Please explain also how such a failure to contest by the government is something other than a fact?

The only question here is whether the assertion of the fact is true, which is a matter of public record.

175 posted on 03/14/2003 5:17:06 AM PST by AmericanVictory
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