Wednesday, January 07, 2009

Govt appeals order in Ben Kuehne case

Here's the text of the notice:

Notice is hereby given that the United States of America, plaintiff/appellant in the
above-captioned case, pursuant to 18 U.S.C. § 3731 and Fed. R. App. P. 4(b)(1)(B)(i), hereby
appeals to the United States Court of Appeals for the Eleventh Circuit from the Order Granting
Defendant's Motion to Dismiss Count One of the Third Superseding Indictment (Docket Entry
192) entered in the above entitled matter on December 22, 2008.
DATED this 7th day of January, 2009.
Respectfully submitted,
MATTHEW W. FRIEDRICH
ACTING ASSISTANT ATTORNEY GENERAL

PAUL O'BRIEN, CHIEF
Narcotic and Dangerous Drug Section
Robert Feitel
United States Department of Justice
Criminal Division Narcotic and Dangerous Drug Section


I wonder why this was filed so quickly, and why they didn't wait until after President-Elect Obama became President. The case likely will now be placed on hold for a while during the appeal.

3 comments:

val said...

That was quick. And, I can't believe an appellate court is going to entertain their appeal -it's truly a waste of time.

Anonymous said...

Right, like they don't entertain all the appeals you bleeding hearts file on behalf of your clients. HA!

Anonymous said...

I spoke with incoming DOJ officials at BHO's request. (BHO exclaimed "who the hell is Ben K?"). Too important point of law for government not to appeal, since other attorneys are in pipeline to be charged under 1957. Dont expect any change in fervor from new admnistration.