Alaska Employment Law

The 9th Circuit has issued a third Order to Show Cause to the Department of Justice in the interlocutory appeal in the prosecution of former Rep. Bruce Weyhrauch of Juneau.  The series of orders explores the authority of the DOJ attorneys certifying the matter as fit for an immediate appeal under 18 USC § 3731.  The issue under appeal is an exclusionary order.

The panel is clearly exasperated with the government:

The government has now made three unsuccessful attempts to comply with the certifiction requirement of 18 U.S.C. § 3731.  Although we appreciate that the circumstances of this case are unique and that the issue tendered on the merits is a significant and serious one, at some point we must call a halt to our repeated attempts to induce a proper certification; so far, it appears that there is “no there there.”  So there is no misunderstanding about it, this order to show cause is the final opportunity for the government to make a proper record under § 3731. 

United States v. Weyhrauch, 2008 WL _______ (9th Cir. Sept. 8, 2008)