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DOJ OLC Alleged Recklessness Invalidates Presumption of Good Faith
It is not reasonable for anyone to presume the US government is acting in good faith. A presumption of good faith can be invalidated.
When there are specific, non-speculative reasons and evidence to invalidate a presumption of good faith, that agency affidavit may (and should) be rejected by the court:
When considering a request for an . . . stay, agency affidavits are accorded a presumption of good faith, which cannot be rebutted by purely speculative claims about the existence and discoverability of other documents
288 U.S. App. D.C. 324
A presumption of good faith is not absolute. It is arguably an error for the court, on assertion alone, to believe the affidavit, especially in light of the alleged war crimes issues involved.
Elec. Frontier Found. v.U.S. Dep’t of Justice, 517 F. Supp.2d 111, 117 (D.D.C. 2007) (presumption of good faith in agency declarations) 9 of 22
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Comments (1)
WARNING!!! WARNING!!! WARNING!!!
All beware the poster of this blog is a known spammer on TPM that throws unsubstantiated allegations on the news blogs that link to his unsubstantiated rants on this blog.
If you chose to leave a comment on his blog that does not agree with his conspiracy driven dribble, the blogger will in turn attack you. He has a history of flaming people throughout the TPM site.
He rants that anyone that disagrees with him is somehow connected to the DOJ, attempting to spread misinformation since the poster does not agree with him, attempts to connect the poster to another poster in a means of discrediting him/her, or attempts to claim the commenter is violating TPM policy for posting a divergent point of view.
While there may be some truth in the posting, it is only surely a result of pure accident on his part if there is so. Testing simply posts things he does not know about and then says because no one has stopped to explain the topic to him and the ins and outs, there must be a conspiracy.
Proceed at your own risk.
May 13, 2008 8:24 AM | Reply | Permalink
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