One of the main problems the Shareholders face is that our own federal government continues to hide behind the veil of the National Security and Executive Privilege Exceptions to Discovery.
Normally in Civil Litigation, the cards are laid out in front of both sides.
Lack of disclosure about what the decision makers in DC were thinking coupled with a generalized bias by federal judges to give Deference and some modicum of respect to the Executive Branch of government has been the Achilles heel in our court cases so far.
But some of the more astute federal Judges see and understand exactly what's going on here, but typically are in the dissent so far, with the exception of the 5th Circuit.
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