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What do you think about the Department of Justice claiming that the defamation suit by E. Jean Carroll is subject to the Westfall Act and cannot proceed against President Trump?

It is very clever and completely unprincipled. It may work, although it should not.Edit: Watch the docket for developments. Or, watch the bottom of this post for my explanation of those developments.Let me put on my lecturer’s hat, and explain the law and the issues involved, before I try to support the foregoing opinion. (I am not a lawyer, but I like the sound of my own voice, even when it is not out loud.)The law in question is 28 U.S. Code Chapter 171 - TORT CLAIMS PROCEDURE, especially the Westfall Act, 28 U.S. Code § 2679 - Exclusiveness of remedy. (Go to this link, and read all of parts (c) and (d). They are short.)This law is to protect federal employees from from being sued for stuff they do while on the job. For instance, let’s say I am a federal meat inspector for the USDA, and I refuse to certify some beef carcasses as being PRIME, because they are too stringy, or perhaps they were left hanging too warm for too long. Let us further suppose that the seller loses a contract, because he had claimed it was or would be USDA PRIME beef. And he wants to sue me for his damages. Well, 28 USC 2679(d)(2) says they have to go through the US government to get to me. As soon as somebody delegated by the AG certifies that I was acting within the scope of my employment, the case ACME Meat packers v Greg Larson filed in MA state court becomes ACME Meat Packers v USA, filed in the US District Court, District of Massachusetts. And the DoJ defends me, and the US government is responsible for any damages the District Court decides to levy, in the unlikely event it does so.This is a good law, which protects federal employees who are just trying to do their jobs.The controversy involved in this question and my answer to it begins with an accusation made by Ms. Carroll that Donald Trump sexually assaulted her several years ago. The amount of time that has gone by is sufficient to guarantee that he can’t be prosecuted for that alleged assault.While President, Trump asserted that Carroll is a liar, and that the events she described never occurred.She sued for defamation, in New York, claimed that she still has the semen stained dress she was wearing, and asked a that court to order him to provide a DNA sample. The court ordered him to provide the sample by this week.Somebody on the President’s legal team thought of 28 USC 2697, and thought, why not.The docket of that action is available for those interested here:Docket for Carroll v. Trump, 1:20-cv-07311 - CourtListener.com(The docket is a list, with usable links, of all the documents that make up the case.)In particular, if you go to the docket, and scroll down, you will see document 3, Attachment 3, labelled as Exhibit A. That is the defamation complaint that Ms. Carroll filed against Trump.Also, you will see that document 3, Attachment 4, labelled as Exhibit B is a certification by one James G. Touhey, jr., of the DoJ, that the Defendant Donald J. Trump was acting within the scope of his office at the time of the alleged conduct.That certification would appear meet the standards for action under the Westfall Act, so an attorney named Stephen R. Terrell, working for the DoJ, took that step of filing document 3, “main document” to remove the case to federal court, and to take over the defense.Now, the Westfall Act assumes a certain amount of order. It does not explicitly state that a certification like Touhey’s must be plausible or in good faith. So the State court may have no authority to refuse to allow removal, and the District Court may have no recourse not to act on the motion.(Herewith is my opinion, which is the actual answer to the actual question.)But there should be no doubt that slandering a plaintiff is private conduct, falling completely outside the scope of the office of the President.And there should also be no doubt that pretending otherwise is completely outside the scope of any office within the Department of Justice.It is a sad day for democracy in the United States when not only Attorney General Barr is willing to lie and subvert justice, but when he finds it so easy to find other civil servants in the DoJ willing to join him.Both Touhey and Terrell should have offered their resignations before participating in this sham.Edit: Sunday, 13-SEP-20Ms. Carroll’s Counsel expressed and intention to oppose the “removal”. See document 8, a letter from her counsel. The judge replied promptly, document 9, directing counsel for both sides to agree on a schedule for arguments. Counsel responded quickly with a proposed schedule. Plaintiff, (Carroll) has until October 5 to file briefs, and the DoJ, acting on Trump’s behalf, has until October 19 to reply.Plaintiff has expressed an intention to oppose the removal in general, and to strike Touhey’s certification specifically.The last paragraph of the schedule letter reveals the core of what is happening here. The judge in state court had given Trump until last week to begin discovery, and to produce a DNA sample. The would give them the opportunity to ask Trump, under oath, questions like, “So, if you never had sex with Ms. Carroll, consensual or otherwise, how did you semen end up on her dress?”The DoJ is now opposing any requirement to carry out any discovery.The judge has accepted the proposed schedule, but has not commented on discovery.Edit 17-SEP-20:On Sep 14, the DoJ attached to this docket a bunch of documents from the state court’s docket. That consisted of the main filing, along with 12 attachments. Each attachment is numbered, and labelled “Process, Pleadings and Orders, Part <#>” (Document 12)On Sep 15, the judge ordered a redo on the state docket. In effect, he said that the DoJ left out most of the documents, and mislabeled them. He gave them until Sep 18 to get it right. (Document 13) He quoted from his own Rules and Instruction of this Court, and italicized the part about labelling each document clearly. (I think Judge Kaplan is peeved.)Later on September 15, the DoJ tried again (Document 14) , this time including all 112 attachments, and including labels which identified what those attachments actually are. This was done in haste. There are several misspellings in the labels, which is unusual for a legal document of this type. I don’t know if Judge Kaplan will decide that a misspelled label will be considered to be clear.Watch this space.Q: What do you think about the Department of Justice claiming that the defamation suit by E. Jean Carroll is subject to the Westfall Act and cannot proceed against President Trump?

How do I write a permission letter to seek a particular place for a program?

Sample Permissions LetterEditor’s note: This sample letter can be used as a starting point when requesting permission—from authors, publishers, or other rights holders—to reprint their copyrighted material into your new work. Two caveats: (1) It is not necessary to request permission if you are within fair use guidelines, and (2) most publishers will ask you to sign their legal form and will not agree to sign your letter; this is normal. For more background on this, visit:Requesting Permissions + Sample Permission LetterWhen Do You Need to Secure Permissions?Is It Fair Use? 7 Questions to AskIf your work is fairly complex, or this letter raises more questions than it answers, then you should talk to your publisher. If you’re self-publishing, seek an attorney; this is not professional legal advice.[Use letterhead; if you have none, put your address and contact information at the top][Date][Copyright Holder Name][Copyright Holder Address]Dear [Copyright Holder Name],I am requesting permission to reprint [# of words / # of poetry lines / illustrations] from the following work:Author:Title of the work:ISBN:Year of publication:A copy of the material I would like to use is enclosed [or pasted below, or attached].I would like to include the above material as part of the following book that I am preparing:Author:Title of work:Publisher:Publication date:Print run (if applicable):Price:[If you are not requesting permission for a book, then identify the format, e.g., physical or digital audio, CD or DVD, online/website use, app, etc, and still detail the publisher/distributor, release date, and price.]I request non-exclusive world rights to use this material in my work, in all languages and for all editions and formats, including digital/electronic. These rights will in no way restrict republication of the material in any other form by you or by others authorized by you.If you agree with the terms as described above, please sign and return the letter to me, specifying any credit line, fees, or other conditions you require. Your signing of this letter confirms that you own the copyright to the above described material. If you do not currently hold the rights, I would appreciate any information that can help me contact the rights holder.I would be very grateful for your permission. If you require any additional information, do not hesitate to contact me at the address and number above.Sincerely,[your signature]

How do I verify my CISCE (ICSE and ISC) marksheets for the DGCA computer number application?

CISCE Board Verification is fairly easy. You can get your Class X or ICSE (Indian Certificate of Secondary Examination) and Class XII or ISC (Indian School Certificate Examination) results and pass certificates verified online and get them home delivered .Firstly DONT GET INTIMIDATED BY THE LENGTH OF THE ANSWER .This answer is divided in THREE sections. I have summed up the answer to the main question in the 1st section. In 2nd and 3rd section I have included some points which may help you overcome the problems that you face in the future post submission of Verification Request.Coming back to the topic , there are multiple purposes for which board verification certificates of class 10th and 12th are required and DGCA Computer Number Application is just one of them.IMPORTANT : If you want verification certificates for DGCA Computer Number application then you must read Section 3 that I marked specifically for this purpose.SECTION 1 - STEPS TO APPLY FOR VERIFICATION CERTIFICATES IN DETAIL.Step 1: Firstly go to CISCE official website here : CISCEStep 2: Click on Services Tab (on the PLUS + symbol) on the top right side and you will see a new popup as below.Step 3: Click on Login to CISCE Service Portal . If you already have an account then Login on the next page and follow Step 7, otherwise follow Step 4.Step 4: Click on Register Now option beside the Login option and enter your Email and choose a Password. Confirm the password and click Register. Then Activate your account from the confirmation link that was emailed to you.Step 5: After you have activated your account you have to Login using Step 3 and then you see a page like below.Step 6: Enter all your details. Now you must be an Individual applying hence make sure you select that option in Type of User. Click Update finally.Step 7: Now here comes all that’s important. You will see three options in the next page.Document Duplicate : Select this if you need a duplicate of any of your CISCE documents eg: Admit Card, Migration Certificates, Statement of Marks, etc.Verification and Enquiry : Select this if you want to verify your Marksheets (State of Marks) or Pass Certificates.Recheck Request : Select this if you want to submit Recheck request of your ICSE and ISC marks for the previous academic year (will work if the process is ongoing at that time).Since your aim is to get verification certificates, you Click the Second Option. Note that you must verify your mobile number before you proceed further from your Profile section. For this purpose click on the Setting icon on top right and verify your Mobile Number. Then proceed to step 8.Step 8: In the next page you will see 4 options :Requests Drafted : It shows all your saved requests that you have drafted but not submitted.Requests Requiring More Clarification: It shows the requests that you need to make changes to after submission.Requests Being Processed: It shows all your submitted requests that are pending and will be processed soon.Completed Requests: Shows all your completed requests.As you can see I have two completed requests and its status is showing below.Step 9: Click on Add New Request on top right. Read the Terms & Conditions and click the Checkbox and then click Next.Step 10: Starting here proceed with caution :On the next window you will see your address on the left under personal details column.On the right hand side of the page you have the things that you need to fill up. Below image is only of that section.I have marked the options that you need to consider.Check the box on top only if you want the Verification Certificates to be delivered somewhere other that the Registered address that you will see on the left. Other wise leave it as it is.Next comes the Authorization Document. People often get confused in this part. Its nothing but a simple letter where you state that you are an individual and why you want the verification certificates. I have attached a sample of the authorization letter here[1]. Copy it and make necessary changes to it and upload it by clicking on the Browse button. Note that you can upload a handwritten letter too.Now click on Add Docs on the right and upload the certificates you want to verify. Suppose you want to verify your ICSE and ISC Marksheets , click Add Docs twice. Suppose you want to verify Marksheets and Pass Certificates of ICSE and ISC , then click 4 times.Follow the below steps for each row your created :Select your Course (ICSE,ISC,etc.)Enter your UID (enter your Index number if you have passed the exam before 2014) ,both of these will be on your marksheetSelect the Year of ExamUnder Doc type Select SOM/PC (for Statement of Marks/Pass Certificate respectively)Upload an Image of your document .Click on Save as Draft button on bottom right after completing each column so that you dont lose your progress.Step 11 : Finally after completing all the steps ,click on Make Payment.As of September 2019, CISCE charges INR 500 for each document 😨 Yeah ! its really costly, so make no room for errors 😓 .Step 12 : You can now go back to the page that I mentioned in Step 8 . There you will see Requests Being Processed :1 provided you have successfully completed all the above step. Finally you are DONE ! 😪😪MY ANSWER TO THE MAIN QUESTION ENDS HERE .SECTION 2 - SOME ADDITIONAL POINTS TO NOTE IN GENERAL TO TRACK THE PROGRESS.After completing the above steps there is nothing more you can do now apart from checking the progress from time to time.Here is how you can check your dispatch progress :Step 1 : Go to the Verification and Enquiry Page as in previous Step 8 or you can follow this direct link.Step 2 : Click on Requests Being Processed and you will see your request below. Click on View and finally click Dispatch details option in the bottom right.Now below are some important points to know ;1. CISCE generally takes 4 to 5 working days to complete the verification process. Then you receive an email stating your certificates are ready for dispatch. Below is the email sample2. After your receive that email , keep checking daily, it takes 3 to 4 more days for CISCE to update the tracking details you will see like in the image below. You can then track the dispatch from the India Post website using your tracking number.It may sometimes show incorrect tracking info 😨 . Don't panic its just a Speed Post glitch and sometimes they take a lot of time(even a week) to update tracking details, rest assured, your certificates are safe on its way.3. Make sure that you contact CISCE in case you dont receive your docs even a week after dispatch : 022-67226107 .SECTION 3 - READ FURTHER ONLY IF YOU WANT TO VERIFY YOUR MARKSHEETS TO APPLY FOR DGCA COMPUTER NUMBER.The verification certificates comes in a sealed envelope via Speed Post. Now I have heard multiple people say that you are not allowed to open the seal. Instead you have to click a picture of the envelope and upload that on Pariksha DGCA website and send the sealed envelope to DGCA along with other required documents for computer number document verification process.You can do that if you want but the way is highly risky. DGCA is well renowned to cancel Computer Number applications if they find a hint of error in your documents. God forbid if the same happens to you then the money you spent to get those verification documents will be in vain.Now trust me on this , I have verified this from multiple sources. I have asked people who already got their computer number, people from ground schools who personally take care of their students’ computer number applications and many more. All of them verified the below statement.You can open the sealed envelope and upload scanned images of the Verification Certificates on Pariksha DGCA website . I DID THE SAME AND GOT MY COMPUTER NUMBER.Another validity to the above statement is DGCA itself. DGCA , in their Flight Crew User Manual , clearly stated :In case the candidate personally collect the verification of education qualification certificate, he should send an attested copy of verification of education qualification certificate along with his application for allotment of computer number to Central Examination Organization, O/o DGCA, East Block –III, Level -III R K Puram, New Delhi –110066.Since we personally collect the Verification Certificates at our home we are bound to follow the above instruction from DGCA.Now if you have read until this point, then Thank You very much. I will conclude now. But before I do that, here are some final points.For DGCA Computer Number you need only Marksheet(SOM) verification. Pass Certificate verification is not required. There you go, I just save your 1000 bucks 😉 . Dont worry I have verified this too.Scan and upload images of all the pages that you receive in the envelope (including the first page which is a letter form CISCE)If you have submitted for SOMs verification for ISC and ICSE you will receive 3 pages, where page 1 is the letter and is common for both.While uploading, make sure to upload Pg 1+ ICSE Verification Certification in a pdf and do the same for ISC i.e. Pg. 1+ Verification Cert. of ISC in a pdf.If you are facing difficulty in compressing the pdf files below 100KB while keeping the quality somewhat readable, then here is hack. Use these websitesCompress PDF, Office and Image Files Online for Freehttps://online2pdf.com/reduce-pdf-file-sizeFirst put two images in a doc file and save it as a pdf file. Then upload and compress the pdf via website A. It will compress the pdf hugely with almost no reduction in quality.If its still above 100KB then use website B to re-compress the pdf you downloaded form website A. In website B you can set desired quality you want along with intensity of compression. So try each of those settings to get the desired file below 100KB with somewhat readable quality.Now I know you might be interested to see what a verification certificate looks like and I agree that I should have posted an image earlier in my answer , but trust me I didnt want to spoil both your FLOW and your MOOD.I know you might have scrolled below to see what it looks like 😂 . Yeah! I had the same feeling when I saw that earlier. CISCE charges a hefty INR 500 just for a signed photocopy of our own SOM. Even with the transit charges it wont cost them more than Rs 50 . Even I had high hopes that CISCE would send some fancy verification certificates cause they had already set high expectations by giving us fancy coloured marksheets when we passed out.Because of this I really envy my CBSE fellas who can just Click! Click! Click! and download their verification certificates for FREE 😞.There you go. I hope I have answered all your questions and even solved some problems you might come across in the future 😁Well thats pretty much it for now. Contact me @debangshusett on Instagram in case you have any further queries. Please Upvote if it helped you .Have a great day ! 🙂Footnotes[1] Sample of CISCE authorization document by debangshu sett.pdf

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