As somewhat expected, but so inartfully done, Judge Davis has decided there will be no Oral Roberts speaking at the CAVC regarding my request for an oral briefing. Judge Davis is not “Veteran friendly” in most cases and could have held this request in abeyance until he sees what kind of cards the Secretary is holding. Remember, this is a poker game with hole cards. The Secretary will be bluffing and betting like he has a three of a kind and drawing for a Full House.
The important thing would be to see and call this hand and then begin a new gambit. To refuse an oral before the case has even been dissected is very nearsighted judicially. Well, we didn’t expect much more from Judge “Deny” Davis.
Here’s the simplified denial in the CAVC EZ short form mode.