Reply #11: so your theory is not that Kevin Martin sandbagged the case, its that the DOJ lawyers did? [View All]

[onenote]

or that the FCC's career staff did? I'm curious what legal arguments they should have made that they didn't.

The case was argued by FCC General Counsel Austin Schlick. Do you seriously think he sat idly by and let staff attorneys write a brief that did not present the strongest possible defense for teh FCC's action?

The problem wasn't with the government's brief, it was with the underlying order -- or more precisely, with the vitually inevitable consequences of the earlier order according "information service" status to the Internet. And that brings me back to the question -- why did Copps and Adelstein sign onto the order if it was apparent that it was a "set up"?