Yesterday In Court! (Jeff’s Case cont.)

It was pretty disappointing to hear the judge say that she was not going to make a ruling today, after specifically saying that she would rule on November 3rd. She explained that sometimes she rules from the bench and other times she has to think about things and then write up a decision. I know what she means, this is a challenge to the authority of the federal court.

She said that she did have some questions of both sides and asked the prosecution if it was his position that she did not have jurisdiction to dismiss the case. Of course he said yes. From Jeff, about the Motion to Dismiss, she wanted to know how he was bringing the motion. He responded that it was an ‘equity motion’, and explained that if what the prosecution was saying was true, that the judge couldn’t dismiss and there was no statutory remedy, then his only remedy was in equity and he was the only one being injured so he was entitled to the motion. No response to that one accept a lot of eyebrow raising!

The prosecution also explained that Commerce Clause has been declared constitutional and that the Gonzales v. Raich case was precedence for congress to to control commerce inside the states. The judge asked Jeff to explain how this case didn’t apply to his case. The Raich case was civil and she wanted to be engaged in “state commerce” but the Court ruled she was under federal law because the federal has jurisdiction over “state commerce”. Further, Raich was not sustaining any injury or damage but Jeff was.

After Jeff admonished the Judge for not ruling as she said she would, she promised to have the ruling out a.s.a.p. and should be out within a few days, she said. We’ll see!