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Result of the court hearing 12th July 2010

10 days is too much for this type of inaccuracy. That could be a blow not only to DOS for what it did (submitted an inaccurate affidavit to the court), but to the DV-2012 program as well (the program could be delayed for 10 days because of that). If a court does not have an option to stop it for 2-4 days (that seems fair to me and still safe for the DV-2012 program), I do not think there will be any remedy at all.

No one should be optimistic...When it all started people said the case will be thrown out ; others said it is a slam-dunk case for DoS. "That seems fair to you" but is it also fair to the plaintiffs? . But remember that Mr. Amin can always be impeached if he provides inconsistent testimonies or explanations. And this could make things more easier for plainitffs.

You dont think there is any remedy?? Really?? Go read more about remedies then. Anyway, I leave the rest for the court to decide. I am out of this forum!
I am out of this forum.
 
Is is possible for Mr. White to appeal tommorow as well? If yes, the Judge may make the decision on Thursday.
I do not think the final decision of the court will be tomorrow. I think the court will give White time to respond on the corrected declaration. Then in at least one day there will be a new hearing.
Proposed schedule:
July 13 - DOS responds
July 14 - White responds
July 15 - hearing and decision
July 15 - White appeals
July 15 - DOS publishes the results of the draw from scratch
July 17 - further actions of court of appeals
 
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But remember that Mr. Amin can always be impeached if he provides inconsistent testimonies or explanations
He is not a public officer, he could be fired by his boss, no need to be impeached. I do not think a mistake in the affidavit is a reason enough to be fired. But that would be a reason enough for the court to delay the DOS new results for 2-4 days.
 
No one should be optimistic...When it all started people said the case will be thrown out ; others said it is a slam-dunk case for DoS. "That seems fair to you" but is it also fair to the plaintiffs? . But remember that Mr. Amin can always be impeached if he provides inconsistent testimonies or explanations. And this could make things more easier for plainitffs.

You dont think there is any remedy?? Really?? Go read more about remedies then. Anyway, I leave the rest for the court to decide. I am out of this forum!
I am out of this forum.
@ kwame, i rem in all your posts you indeed insited that nobody should think that this will be a slam-dunk case for DoS, and here we are..anywa lets see what the judge decides.. but IMO dont leave the forum, we need your opinion!
 
DoS would explain meanings of randomness in the declaration more correct.
It is already correct, DOS will correct other things in the affidavit. And that would be unfair to give White no time to respond.
 
While nobody knows the specifics of the inaccurate declaration (as it can be what we least expect). However, my guess is for DoS to further explain the point of non-randomness. If the software "entirely failed" as stated, then there should be NO winners on the 6th. They should have said 'partially failed'. How can they explain this?
 
I don't see any reasons for the injunction, tomorrow the court will take a final decision, because DoS would explain meanings of randomness in the declaration more correct.
More correct is a funny term ;)

My feeling is the judge has become very suspicious about whats going on at DOS and if they wont come up with very good explanations plainitffs chances will increase dramatically.
 
LOL Raevsky.....
I do not think the final decision of the court will be tomorrow. I think the court will give White time to respond on the corrected declaration. Then in at least one day there will be a new hearing.
Proposed schedule:
July 13 - DOS responds
July 14 - White responds
July 15 - hearing and decision
July 15 - White appeals
July 15 - DOS publishes the results of the draw from scratch
July 17 - further actions of court of appeals
 
@Kwame, please stay on this forum...We are always grateful to your knowledgeable responses that I for one is always eager to read - my reason for following this forum...Thanks a lot!
No one should be optimistic...When it all started people said the case will be thrown out ; others said it is a slam-dunk case for DoS. "That seems fair to you" but is it also fair to the plaintiffs? . But remember that Mr. Amin can always be impeached if he provides inconsistent testimonies or explanations. And this could make things more easier for plainitffs.

You dont think there is any remedy?? Really?? Go read more about remedies then. Anyway, I leave the rest for the court to decide. I am out of this forum!
I am out of this forum.
 
No one here heard for ourselves what precisely what said at the hearing. Egor used the term "inaccurate" and everyone has quickly jumped to the conclusion that Amin is "lying" which I find pretty ridiculous to contemplate. Could just mean the declaration was not sufficiently complete, needing further depth. In other words, the judge wants more. That's why there is a "supplemental" declaration - "supplement" means "to add". People are jumping on the word "inaccurate" when it's something Egor uses - may NOT be the right word.
 
@Raevsky I think you appear to be a bad analyst - you never give yourself room to maneuver.

Quote Originally Posted by raevsky View Post
I do not think the final decision of the court will be tomorrow. I think the court will give White time to respond on the corrected declaration. Then in at least one day there will be a new hearing.
Proposed schedule:
July 13 - DOS responds
July 14 - White responds
July 15 - hearing and decision
July 15 - White appeals Why not "White or DOS appeal???
July 15 - DOS publishes the results of the draw from scratch
July 17 - further actions of court of appeals


A good lawyer; analyst, or journalist will leave some room to maneuver. DOS would probably win, so also he plaintiff. We never know, lets leave it to the Court.

When a good and credible analyst puts their suppositions to the wider public they deal with the for and against on both sides. I have followed your reasoning and those of Kwame, and there is a massive difference.
 
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He is not a public officer, he could be fired by his boss, no need to be impeached. I do not think a mistake in the affidavit is a reason enough to be fired. But that would be a reason enough for the court to delay the DOS new results for 2-4 days.

Your explanation to the meaning of impeachment is a POLITICAL definition eg. The president could be impeached and convicted by the senate. So the impeachment here does not mean Mr. Amin should be fired or anything.

The legal meaning of impeachment, which is what I was referring to means: when a person who has sworn ( witness, expert) under oath gives an inconsistent, inaccurate, false explanation or testimonies, that person could be impeached meaning his credibility could be attacked or his/her explanation or testimonies.

I am leaving this forum not for any reason against it's members or the forum itself. It solely based on a personal reason.
 
No one here heard for ourselves what precisely what said at the hearing. Egor used the term "inaccurate" and everyone has quickly jumped to the conclusion that Amin is "lying" which I find pretty ridiculous to contemplate. Could just mean the declaration was not sufficiently complete, needing further depth. In other words, the judge wants more. That's why there is a "supplemental" declaration - "supplement" means "to add". People are jumping on the word "inaccurate" when it's something Egor uses - may NOT be the right word.
I do not think it is a lie, or at least his own lie. He is a boss, and the problem was reported to him in those terms. That is probably a mistake, not a lie, and it was probably made by somebody else, not by Amin, but he is still responsible because he hired a boss of the boss (or maybe more levels) of the person who made a mistake

White appeals Why not "White or DOS appeal???
Because I think White will lose. I am not a public figure or even a DOS figure, and I am not in the position when I cannot make a mistake. That is why I can say what I really think.
 
Your explanation to the meaning of impeachment is a POLITICAL definition eg. The president could be impeached and convicted by the senate. So the impeachment here does not mean Mr. Amin should be fired or anything.

The legal meaning of impeachment, which is what I was referring to means: when a person who has sworn ( witness, expert) under oath gives an inconsistent, inaccurate, false explanation or testimonies, that person could be impeached meaning his credibility could be attacked or his/her explanation or testimonies.
Hm...

From webster:
impeach
transitive verb
1
a : to bring an accusation against
b : to charge with a crime or misdemeanor; specifically : to charge (a public official) before a competent tribunal with misconduct in office
c : to remove from office especially for misconduct
2
: to cast doubt on; especially : to challenge the credibility or validity of <impeach the testimony of a witness>
I think the legal meanings are 1b and 1c. I actually though about 1c. You probably mean 1a or 2. Especially 2. I do not think that is a legal meaning.

I am leaving this forum not for any reason against it's members or the forum itself. It solely based on a personal reason.
Ufff... Good to know I am not the reason. I am off the hook.
 
Hm...

From webster:

I think the legal meanings are 1b and 1c. I actually though about 1c. You probably mean 1a or 2. Especially 2. I do not think that is a legal meaning.

Ufff... Good to know I am not the reason. I am off the hook.

Use "Black Law Dictionary" and not "Webster" for the legal definition of impeachment.

You can google " impeaching-- Federal Rules of Evidence"
 
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