As a bystander I would say that His Honour has just Ever so politely ripped the Feds a new one.
The US government has been warned about its tone and evasiveness in a long-running suit against Oracle, with a judge describing the manner in which it tried to file another complaint in the case as "troubling". Despite this admonishment, administrative law judge Richard Clark last week granted the Department of Labor …
Wednesday 13th March 2019 09:24 GMT John Savard
If there is a real chance that Oracle may be accused of wrongdoing that it did not commit, then indeed any attempt by the prosecution to seek to win without due regard for the law is very bad, because it could lead to a wrongful conviction. And this happens with prosecutors all the time, apparently. I just wasn't aware that this was one of the cases where this particular concern existed.
But then, even those who aren't nice guys sometimes get accused of crimes they did not commit.
Wednesday 13th March 2019 13:36 GMT Anonymous Coward
All Western courts could do better.
Victory and defeat appears to be referring to politics.
The Judge was being asked to play along and for whatever reason he decided to limit his career options and demand a higher standard from government and the system.
I would encourage people to look at their own Nation. Do your police and enforcement agencies investigate to determine truth or just get enough data for a plea bargain or a conviction? How are your judges selected? Is the selection process open with a goal to select the judge best able to apply the law as written?
In Canada most of the country is policed by departments and forces that answer to the Federal government. They are very political and insulated from local concerns. Judges, including provincial judges, are "royally" appointed.
Politics, not principles or agreed to laws and rights, is increasingly deciding how we live and who is punished. It shouldn't be that way,
It's an increasing problem in Canada. Confederation needs to be renegotiated. It isn't likely that agreed to changes will allow our current system of an elected assembly having every bill face veto by a "royally" appointed assembly.
Canadian courts are being stacked in preparation for turbulent political times, Ensuring the law is being observed in cases where the government has an interest would be very career limiting in Canada.
Hope that isn't the case where you are, I hope your judges do not have to remind the government of their role.