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Here's another interview with Loy Brunson that was made slightly earlier than the other one. This one was before the defendants snoozed on their chance to offer a defense.
Lower Court Opinion on Motion to Remand: casetext.com (Looks like Remanding back to a lower court isn't needed if the Supreme Court takes the case, which they may do - it is on the docket.)
CONCLUSION
For these reasons, Defendants satisfy the requirements for removal under § 1442(a). Defendants are federal officers and members of Congress who are being sued for actions performed in their respective positions under color of federal office. Because Defendants have colorable federal defenses to Mr. Brunson's claims, including sovereign immunity, Defendants' right to removal under 28 U.S.C. § 1442(a)is absolute. Therefore, the court recommends that Mr. Brunson's Motion to Remand be DENIED. 7
Remand is when higher courts send cases back to lower courts for further action. In the law of the United States, appellate courts remand cases to district courts for actions such as a new trial. Federal appellate courts, including the Supreme Court, have the power to "remand [a] cause [sic] and ... require such further proceedings to be had as may be just under the circumstances." [1] This includes the power to make summary "grant, vacate and remand" (GVR) orders. [2]
Appellate courts remand cases whose outcome they are unable to finally determine. For example, cases may be remanded when the appellate court decides that the trial judge committed a procedural error, excluded admissible evidence, or ruled improperly on a motion.
When the United States Supreme Court grants certiorari and reverses a decision of a state supreme court or a Federal appeals court, it may remand the case. Likewise, an appeals court may remand a case to a trial court. A remand may be a full remand, essentially ordering an entirely new trial; when an appellate court grants a full remand, the lower court's decision is "reversed and remanded."
