No, this is called standard operating procedure. The division lawyers disputed, so they have to hear it out, no matter how desperate...so "fairly certain" doesnt play in to this...at all
"...I'm fairly certain that if the Board saw it that way, they would've already affirmed her ruling.
Foelak went to great lengths in her ID, trying to explain WHY she thought DBMM's case was different than others. If the Board agreed, this would have been over LONG AGO.
They obviously DON'T agree. THAT is why they granted the PFR..."