This is what we have been waiting for with parted lips, bated breath and straining eyes for fifteen days. Obviously Judge Davis is giving the VA lots of room to maneuvre their post-hoc rationalizations into place. Much like artillery emplaced at a strategic high point, it gives the OGC more breathing room to assimilate this Writ and develop a firing solution.
The thirty day letter is a Stand and Deliver Notice from the Judge asking the VA Secretary, in the guise of some young staff attorney out of the OGC’s office, to describe their side of the story as every story is multi-faceted. It could be that the Petitioner (me) is full of hot and air and lies and merely trying to besmirch the Secretary’s good name.
Dawdling this long ensures the OGC got another 15 days to fabricate a fanciful tale of demons and dragons inside computers that ate, swallowed, shredded or discombobulated justice in some never before seen scenario. The story may evolve into the fact that because of this, appropriate safeguards are going to be installed at the BVA to make sure this never happens ever again. Mercy for the transgressions will be begged for and a remand to make it all better will be expected.
On the heels of Gene Groves’ debacle, we pray Davis assumes the mantle of umbrage that the BVA would have the temerity to pointedly ignore the mandate and order of the Court. This is the chord we seek to strike. Bold- but not brash.
No explanation as to the rationale behind denying oral arguments? No appeal process? What is the criteria then for qualifying for oral arguments? The whim of any particular judge and that’s it?
That’s pretty much what we’re seeing here.
Can you ask for a panel review, since the CAVC doesn’t normally grant oral arguments when a single judge is assigned?
I expect, as does Bob, that this may be assigned to a panel depending on the song and dance production the VASEC offers up soon. If it reads like Grimm’s faery tales, it probably will be,
2nd thoughts. Will ‘Just call me Bob’ be the standup guy he professes to be and admit his minions screwed the pooch on this one or swing, miss, and pray for a strike 7.
For any interested I’m taking book on Stand Up or Strike 7.
With VA now up to bat in the 9th inning. Looking at the scoreboard the count is now 0 Balls 5 Strikes.
‘Here come da judge, here come da judge’ giving them yet another swing a the apple.
. This is a great opportunity for the new VA SEC to get a birds eye view of the mentality of the VA. The feverish inclination to deprive veterans .
The we have the power, and you gotta beg us attitude .
I would keep them engaged as long as possible and expose as much dirt as possible.