March 09, 2010
Time Is A Wheel
Posted by David Zaring

The Filegate cases, on which I worked during the Clinton Administration, have been dismissed, with Judge Royce Lamberth noting, pace Gertrude Stein, that, like Oakland, ":there is no there there."  All credit to the good judge for coming to such a conclusion (I worked for the government then), but I've got a piece in the Journal of Tort law suggesting that the viability of the cause of action is now often tangential to the point of the high profile Washington tort case - the there lies in the process of discovery, not the merits of the case. In that sense, the there for the public interest plaintiffs who brought the case, given that it lasted over a decade, with multiple depositions of politicos, and countless press releases and news stories, was very much there indeed.

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