IV. Individuals
For a variety of reasons, the Court finds that it is not appropriate to issue findings of contempt against the individuals named by Landmark: Carol Browner, Michael McCabe, and Gary Guzy. First, Browner and McCabe were not familiar with the terms of Landmark’s September 7, 2000 FOIA request, and thus as to them the January 19, 2001 order, which referred to the FOIA request in defining the parameters of the preliminary injunction, was not sufficiently particular to satisfy Rule 65(d). Second, none of the named individuals had any notice of the order. As agents and employees of EPA, they were subject to the order; however, the Court will practice restraint in invoking its inherent power to find contempt based on this circumstance. Finally, the evidence is not clear and convincing that Browner or Guzy violated the order.
Sunday, December 14, 2008
FOLLOW THE LINKS!
If you follow the links wingnuts provide, you can find out a lot of things, including that fact that they are wrong. This Michelle Malkin post provides one example of the usefulness of this advice. Malkin attacks Carol Browner, Obama's choice for energy czar, for illegally destroying EPA computer files. If you follow the link Malkin provides to the judge's decision, you discover that Browner is personally innocent of any wrong doing:
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