theswordsman said:After reading the quote below, my first thought was that Lance's legal team is like the guys who helped Charlie Sheen put on those Warlock Ustream shows. They tried to go after 60 Minutes, who pointed out the mistakes in the complaint. This certainly won't slow down the New York Times, Wall Street Journal, or New York Times - if anything they'll be way more enthusiastic in the pursuit.
One immediate problem with the 20-page motion is that it misidentifies some publications as recipients of government leaks in instances when those publications were not the first to publish the news. For example, on July 16, 2010, the Daily News was the first to report that three-time Tour de France champion Greg LeMond had received a grand jury subpoena; Keker's motion attributes the story to the Wall Street Journal, which, like the Daily News and other publications, based its reporting on the subpoena largely on statements made on the record by Greg LeMond's wife, Kathy LeMond.
That fact underlines the second problem with the motion: It implies that recipients of grand jury subpoenas and witnesses who have been interviewed by federal agents are not constitutionally entitled to disclose their involvement with a grand jury investigation, even if their government interviewers are not. They are.
http://www.nydailynews.com/sports/iteam/2011/07/19/2011-07-19_team_lance_fights_leaks.html
Velodude said:Billy, a witness before the Grand Jury has compartmental knowledge of the investigation. A witness is not legally restrained from communicating his/her testimony outside the GJ room.
The leaks in the BALCO/Barry Bonds GJ testimonies were from the lawyer acting for one of the defendants, Victor Conte - founder of BALCO. Not through the prosecutors, investigators or staff. See my previous post
phlatties said:nothing like adding a team of lawyers to bolster the public view of your character, eh? interesting marketing direction
frenchfry said:Meanwhile, back at the ranch, Radioshack is falling seriously behind in the team classification. Bad omen?
thehog said:Responding to the notice, Lou Ferrara, AP's managing editor for sports, said: "The AP has been aggressive in covering this important story. AP reporters will continue to pursue the truth. This action will not stop us."
http://www.latimes.com/sports/la-sp-newswire-20110719,0,1470326.story
Polish said:Lance's Motion was NOT filed to keep the press from their Tabloid Journalism.
Lance is accustomed to that. SSDD. SSDD. SSDD.
The Motion was filed to stop the Prosecution from any additional illegal leaking.
Putting the FEDs on notice.
That said, it will probably become tougher for the press to get juicy details about the so-called GJ Investigation.
Polish said:...
That said, it will probably become tougher for the press to get juicy details about the so-called GJ Investigation.
Polish said:The Motion was filed to stop the Prosecution from any additional illegal leaking.
powerste said:If only there was any actual evidence of that.
Of course, you could always just take Armstrong's attorneys' word as proof...
powerste said:If only there was any actual evidence of that.
Interestingly enough, the last time Novi & Co. were accused of leaking, it was actually Conte's defense attorney who was the one doing said leaking...oops!
Of course, you could always just take Armstrong's attorneys' word as proof...
Polish said:It would be up to the investigation to find the evidence.
That is what Lance and his lawyers are asking for.
An investigation.
Lying to a GJ is ILLEGAL.
Tampering with a GJ witness is ILLEGAL.
And leaking GJ info is ILLEGAL
This motion has merit.
The GJ process is an important part of the US Justice System.
Can not treat it with disrespect. Leaking is not right.
Polish said:It would be up to the investigation to find the evidence.
That is what Lance and his lawyers are asking for.
An investigation.
That's why Floyd, Tyler, et al are very likely telling the truth these days.Polish said:Lying to a GJ is ILLEGAL.
I didn't know team Pharmstrong was asking for an investigation into the Cache Cache incident. Good for them!Polish said:Tampering with a GJ witness is ILLEGAL.
Not if you're a witness and the info in question is your own testimony.Polish said:And leaking GJ info is ILLEGAL
See the Daily News piece quoted and linked upthread...it might have merit if it had its facts straight. At any rate, that's for a judge to decide, not us.Polish said:This motion has merit.
Polish said:The GJ process is an important part of the US Justice System.
Can not treat it with disrespect. Leaking is not right.
Polish said:Lance's Motion was NOT filed to keep the press from their Tabloid Journalism.
Lance is accustomed to that. SSDD. SSDD. SSDD.
The Motion was filed to stop the Prosecution from any additional illegal leaking.
Putting the FEDs on notice.
That said, it will probably become tougher for the press to get juicy details about the so-called GJ Investigation.
MarkvW said:Lance's motion was filed for PR. He asserts no evidence of an unlawful GJ leak. Witnesses are free to talk, and there's not a deity-sent-to-Hades thing that the megalomaniacal little narcissist can do about it.
Lance is hoping to get the Judge motivated to investigate, but without any legitimate leads to unlawful behavior, his motion is frivolous.
Polish said:The chance that John Keker would file a "frivolous" motion would be about the same as Lance launching a "frivolous" attack in the Alps during his heyday.
In other words - a pretty small chance lol.
Mastro claims Keker violated a court order and Southern District rules by filing a brief related to the preliminary injunction motion after the court’s deadline, by filing a “frivilous application” to transfer the case to another judge and by making alleged “misrepresentations” to the court.
Polish said:The chance that John Keker would file a "frivolous" motion would be about the same as Lance launching a "frivolous" attack in the Alps during his heyday.
In other words - a pretty small chance lol.
Polish said:The chance that John Keker would file a "frivolous" motion would be about the same as Lance launching a "frivolous" attack in the Alps during his heyday.
In other words - a pretty small chance lol.
MacRoadie said:Yep, small chance indeed. Yikes!
Chevron Fights to Keep John Keker Out of Ecuador Racketeering Case
Misrepresentations? Eek!
Polish said:C'mon MacRoadie, now you are just being contumacious.
Mr Keker was falsely accused of filing a frivolous application by Big Oil, not for filing a frivolous motion
Big Difference.
A request asking a judge to issue a ruling or order on a legal matter.
An application to a court by one of the parties in a cause, or his counsel, in order to obtain some rule or order of court, which he thinks becomes necessary in the progress of the cause, or to get relieved in a summary manner, from some matter which would work injustice.