Remember, this is from the defense (OCC). Of course they don't want this reviewed - this doc is their reasoning behind that. This is their motion, not a ruling of any kind.
Maybe I'm not reading into this enough, but this looks like the knife in the back.
Quote: For these reasons, the Court should conclude that each of the three issues raised on appeal are insubstantial and that a full briefing and oral argument would not materially advance the disposition of this appeal. Taxpayers Watchdog, Inc. v. Stanley, 819 F.2d 294, 297-298 (D.C. Cir. 1987)
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