>>Bifurcated - you are guilty, now we figure out what to do about it. Right?<<
I would say this proceeding has been at least bifurcated, even trifurcated, or more. I can't remember exactly when Judge Jackson issued his findings of fact but it was last fall sometime. Then he said he would issue his conclusions of law at a future date, and ordered the parties to submit briefs. In the meantime, he appointed Judge Posner to attempt to mediate the case. I think that took four months, and Judge Posner just withdrew, stating that the parties were too far apart for mediation, Friday, I think it was. So Judge Jackson was ready to issue his conclusions of law without delay. As for the remedy, they are his, and his alone, to fashion. He has already appointed as a special master one of the ablest jurists of the century, so he knows that there won't be any agreement. If I were he, I'd have been ready to rule, and let the parties get on with their appeals. Justice delayed is justice denied. |
