A Trump-appointed judge who was already sanctioned by the American Bar Association for being an incompetent moron is trying to throw out centuries of established law and scuttle the entire qui tam “False Claims Act” process. This, of course, creates a problem for the CMMC people. CMMC, you see, was created by another moronic, unqualified Trump appointee, Katie Arrington, as a way to create an overnight cottage industry for her pals.
It’s almost like these gov hacks can’t keep their grift scams straight.
Anyway, the CMMC crowd can’t sell their wares on the merits, so they have been desperately clinging to the threats of “SEC SANCTIONS Y’ALL!” and scary-sounding “FALSE CLAIMS ACT LAWSUITS, DUDES!” in order to terrify people into buying services for something that doesn’t even exist. The people saying this have no idea how qui tam suits work, and they insist the DoD (not the DoJ) prosecutes these things, showing just how dumb they are.
Now, thanks to Judge Kathryn Mizelle, however, all of that may be put on hold. Per Above the Law:
Yesterday, [Mizelle] declared the False Claims Act qui tam provision unconstitutional. The law has been on the books since ABRAHAM LINCOLN signed it into law and existed as a concept dating back to the Middle Ages as described in the English common law treatises that conservative judges usually love to cite. It enjoys a long history in the Anglo-American legal canon as a necessary tool allowing private citizens to recover damages owed to the United States government that might otherwise go unclaimed. For this, she ginned up an Article II theory not unlike the one Judge Mizelle’s counterpart Aileen Cannon recently used to conclude that Special Counsel Jack Smith violated the Constitution by existing based on a Clarence Thomas opinion (writing for himself alone!) where he complained that no one else on the Supreme Court agreed with him. Essentially, claiming that the Constitution forbids anyone from acting for the benefit of the United States unless they’re appointed by the president.
That is, until the appeals court overrules Mizelle. Which, given her complete lack of both judicial competence and basic brainstem functioning, should be soon.
Christopher Paris is the founder and VP Operations of Oxebridge. He has over 30 years’ experience implementing ISO 9001 and AS9100 systems, and helps establish certification and accreditation bodies with the ISO 17000 series. He is a vocal advocate for the development and use of standards from the point of view of actual users. He is the writer and artist of THE AUDITOR comic strip, and is currently writing the DR. CUBA pulp novel series. Visit www.drcuba.world
