Yup. For those of you not knee-deep in federal appellate procedure, the DOJ didn't even move for a stay of Judge Boasberg's order and instead are misusing a rule meant for raising subsequent case law. This isn't a close call; DC Circuit would benchslap any normal litigant trying this nonsense.
Reposted from
Owen Barcala
More pointedly, they're filing 28(j) letters without a motion because they know what they're complaining about wouldn't satisfy motion standards. So this is like begging the appellate court to give them relief when they can't justify it. Something you'd do if you thought the refs were on your side.
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You'd get launched - they get to keep doing shenanigans.