Chris Bray: Close Enough for Government Work

Mildly amusing new and tiny little discovery that will only be of interest to close observers of the Belfast Project subpoenas who enjoy making fun of government lawyers. That might very well be an audience of me, but let's do this thing anyway and call it a party.

When Assistant U.S. Attorney Barbara Healy Smith sent the First Circuit a letter, two weeks later, to say the things she hadn't thought to mention during oral argument over the Belfast Project subpoenas, nobody much understood what she was up to. Writing at Letters Blogatory, lawyer and longtime observer Ted Folkman shrugged that "it must be the silly season in the Belfast Project case."

"I am not sure of the procedural correctness of the government’s letter" Folkman wrote. "The Federal Rules are silent, and the letter is pretty plainly not a citation of supplemental authorities under Rule 28(j)."

Beats the hell out of me what that is, but then here comes my old friend Google with Rule 28(j) of the Federal Rules of Appellate Procedure:

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