Today, Chief Administrative Law Judge John J. Mulrooney II issued a scathing order criticizing the U.S. government for failing to comply with procedural directives in its submission of evidence.
The order, tied to the potential rescheduling of marijuana, was filed under DEA Docket No. 1362 and stems from the government’s submission of a compact disc (CD) containing public comments instead of providing the required hard copies, as mandated by a prehearing ruling. Judge Mulrooney emphasized that the government’s actions were “not a mistake borne of misunderstanding or inadvertence” but a deliberate defiance of clear instructions. The tribunal had explicitly denied the government’s earlier request to file electronic copies, citing a lack of good cause.
“Even among the numerous extraordinary and puzzling actions taken thus far by the Government during the course of this litigation, this disobedience of an unequivocal directive from the tribunal is unprecedented and astonishing”, states the order, emphasizing that the deliberate noncompliance was particularly striking given the repeated warnings and clear instructions issued by the tribunal.
As a result, the government’s proposed exhibit was deemed “NOT BEEN TIMELY PROVIDED as noticed in its current format.” The issue of sanctions was left open, with the judge reserving a determination for a later date, stating, “The issue of sanction is herein RESERVED for a determination to be made at such time during the hearing on the merits that the proposed exhibit is offered into the record.”
This strong rebuke highlights the seriousness of the government’s failure to adhere to procedural requirements in this pivotal case.
For the full order issued today, click here.
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