And the band played on

See today’s press release from the Administrative Office of the U.S. Courts entitled “Shutdown, Holdup for the Courts.” The release states that U.S. Attorneys are filing motions for stays of civil litigation throughout the nation. And, the release also observes that those motions are being granted in some cases, and denied in others.

I have had one such a motion. It was filed in a very high-profile case against the government in another district. I am handling the case by designation because the local judges recused themselves. I denied the motion.

And, the band plays on.*


*The Titanic’s eight musicians continued to play on the deck even as the ship was going down.

4 responses

  1. It’s my understanding that here in the Western District of Missouri, the U.S. Attorney has furloughed its civil and appellate staff.

    Glug glug.

  2. Questions – If the Department of Justice, AUSA’s, etc., cannot work because of a lapse of funding, how can they file a motion to stay? Also, can they answer emails or telephone calls from attorneys on the other side of the case concerning whether they are furloughed and will or will not be filing a motion to stay? Elaine Mittleman

  3. Susan,

    If a judge tells them to be there, my understanding is that Holder has told civil AUSAs to be there. That is, a civil AUSA becomes “essential” under DOJ policies when a judge orders that the civil case handled by that AUSA must proceed. At that point, the civil AUSA must spit up the seawater, climb aboard the lifeboat, and do the work that he or she isn’t being paid for.

    All the best.


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