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Cobell asks full panel to rehear contempt case
Wednesday, September 3, 2003
The plaintiffs in the Indian trust fund suit have asked a full panel of the D.C. Circuit Court of Appeals to reinstate contempt charges against Secretary of Interior Gale Norton and former assistant secretary Neal McCaleb.
On July 18, a three-judge panel of the court vacated charges against the Bush officials.
Even though the federal government never argued that the charges were criminal in nature, the appeals court said they were in order to dismiss them.
Attorneys for the plaintiffs, in court papers filed yesterday, said the panel made a mistake by
changing the nature of the contempt proceeding and by considering issues that weren't raised by the government.
U.S. District Judge Lamberth, the plaintiffs said, sanctioned the officials in their official capacities, not personally.
The full panel can decide not to hear the case. If rejected, the plaintiffs could ask the Supreme Court to review it.
Get the Story:
Attorneys Appeal Norton Contempt Ruling
(AP 9/3)
Relevant Links:
Indian Trust: Cobell v. Norton -
http://www.indiantrust.comCobell
v. Norton, Department of Justice -
http://www.usdoj.gov/civil/cases/cobell/index.htmIndian
Trust, Department of Interior -
http://www.doi.gov/indiantrust
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