September 23, 2007

Good News On Two Fronts Court Extends Stay Blocking U.S. Access to WTP IDs

On August 30, as previously reported here, the United States Court of Appeals for the Second Circuit temporarily stayed (blocked) a lower court order that directed WTP to turn over the names and addresses of the people who received a copy of WTP's "Blue Folder". The Second Circuit's order had blocked the lower court's order at least until September 18, the day a panel of three judges was scheduled to hear two motions filed by WTP with the Court of Appeals: To stay the enforcement of the lower court's order pending the results of WTP's appeal from that order; and to expedite the appeal. On September 18, the panel heard those arguments by Bob Schulz in support of the two motions, and by the DOJ appellate attorney in opposition to the motions. On September 20, the Second Circuit issued its decision. The good news is the Court extended the stay of the most harmful part of the lower court's decision - i.e., the identification information does not have to be turned over to the DOJ, pending the appeal, and the appeal has been expedited. The court also issued an appeal briefing schedule, ordering the case to be ready for oral argument by December 31, 2007. In light of the fact that in its written opposition to WTP's motion the DOJ clarified the meaning of the District Court's injunctive order - i.e., that the order is directed only at the WTP forms in the "Blue Folder", and it is not directed at any other part of WTP's Speech on its websites, WTP will soon restore the full content of its websites, absent links to the WTP forms in the "Blue Folder". WTP's brief to the Second Circuit is due on October 22, 2007. WTP will now focus on its soon to be filed appeal to the United States Supreme Court appealing the recent decisions in the landmark Right to Petition lawsuit, We The People v United States (appeal from DC Circuit), Schulz v United States (related appeal from the 9th Circuit) and Schulz v United States (related appeal from the 8th Circuit). We thank everyone for their continuing strong support; the rhythm of Freedom goes on.