DOJ tries to have Wire Act lawsuit dismissed again
The government department seems to be scared of taking its case to court
The Department of Justice (DOJ) has learned how to dance. It continues to receive a serious amount of backlash after it changed its position on the Federal Wire Act earlier this year, including a lawsuit from New Hampshire and the New Hampshire Lottery. It attempted – and failed – to have the lawsuit thrown out, but has now tried again. The result was the same, and it leaves one wondering why the government department is so concerned about defending its position in court – unless there are some underlying details it wants to cover up.
In its latest attempt at having the lawsuit dismissed, the DOJ admitted that, in its opinion, the Wire Act covered lotteries. It’s odd that, since the act was created in 1961, no one has brought this up before, but that’s a story for another day. In asserting that the lotteries were illegal according to the Wire Act, the DOJ added that there is “no credible threat of prosecution.” In other words, the DOJ is admitting that it can pick and choose how it applies the laws.
The DOJ stated, “Because there is no credible threat of prosecution, the Court should dismiss this case for lack of standing. The potential Wire Act liability of state agencies, employees, and vendors involves the evaluation of numerous complicated and important issues, and the Department intends to give these issues the deliberate consideration that they deserve.”
The same DOJ Office of Legal Counsel that is saying that lotteries are illegal according to the Wire Act is the same office that said eight years ago that they lotteries were not illegal.
The debate is far from over and will most likely end up in front of the Supreme Court. That is, unless, the truth comes out regarding why the DOJ decided to abruptly change its opinion after all these years and after the country had recognized the states’ rights to control their own gambling future.