Tuesday, December 10, 2013

My Motion to Dismiss

     A Motion to Dismiss is a formal document filed in court and asking the judge to dismiss a case because...well, any number of reasons may be given, taking many pages.
     In essence the 30 pages of this Motion to Dismiss can be summed up as, Judge, Please dismiss this case because it has no merit and there are no laws that support the demands it makes.
     In fact, not only are there no laws to support the demands of the civil complaint, but there is case law to back up my request that the case be thrown out.
     This Motion was filed in early December 2013.  It does not contain detailed responses to items in the government's civil complaint.  Those are sitting in a fat folder on my desk, to be translated into legalese,  if they're needed. 
     Here is the link to my Motion to Dismiss.  It is also included in the margin of my blog, along with other pleadings in this case.


     This motion is my first answer to the government's civil complaint. It's as though the government and I are having a very formal, very stilted conversation. Statements are made that don't sound human at all, not on either side.  It's why we need lawyers:  to speak the language they invented, and translate it for us.
     I used to think legalese was a crazy language, so rigid and long-winded.  But now I accept it as a form of extreme politeness, a precaution against misunderstandings, and part of the ritual of the profession.  The formulaic language of medicine is similar:  Pupils equal, round, reactive to light;  extraocular muscles intact, tympanic membranes pearly;  buccal mucosa pink, moist and without lesions.   Or of Catholicism:  Forgive me Father, for I have sinned...  and, I am heartily sorry for I have offended thee... and, Our Father, Who art in heaven..."  All specialized language is formal, but it's not usually poetic.
     My lawyers and I haven't filed a response to a criminal complaint, because so far there isn't a criminal complaint.  If there is one (why else would a federal criminal prosecutor be waiting in the wings?) it's under seal.
     It's likely that a criminal complaint against me would be related to, or an extension of, the civil complaint.  Therefore, this Motion to Dismiss is, indirectly, a request to drop the case altogether.

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