With attention focused on the "foreign official" challenge in the Lindsey matter pending in the C.D. of California (a ruling may soon occur), the DOJ yesterday filed (here) its "foreign official" response brief in the O'Shea matter pending in the S.D. of Texas. See here for the prior post.
The DOJ's response is substantively similar to its response in the Lindsey matter. See here for the prior post.
In its O'Shea response, the DOJ attaches the same declaration of Clifton Johnson (Assistant Legal Adviser for Law Enforcement and Intelligence in the Legal Adviser's Office of the United States Department of State) as it filed in the Lindsey matter. See here for the prior post. As noted in this prior post, the judge in the Lindsey ordered the declaration be stricken.
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Why is it that if our government had committed the same act we would call it 'diplomacy'? If committed by a business enterprise it is called 'corruption'. Now we also know that if the business enterprise pays or offers to pay monies directly to the 'government' it is outside the scope of the FPCA.
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