Kessler Gives DOJ Time to Respond to Remedies Objections

March 15, 2005 3:03 pm by Gene Borio

Before lunch Tuesday, Judge Kessler addressed briefly Defense’s objections to DOJ’s Remedies witness list.

She seemed fairly blasé about Defense’s excitement over DOJ’s “new” remedies, including the call for removal of tobacco executives. She said her 2 orders telling the DOJ to revise their remedies in light of the appeals court ruling never “intended to limit the government substantively” on its non-disgorgement remedies. ” I would have thought it clear that because of the enormous impact of the appeals decision, the government in re-evaluating its decision on the evidence it planned to introduce–the government might well be presenting new evidence on non-disgorgement remedies.”

Another issue was the paucity of information in the government’s filing.

Judge Kessler gave the DOJ until Wednesday the 23rd to file its response to the Defense’s objections. Defense will then reply by the 25th, at close of business.

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