December 4 Court Hearing

On December 4, 2004, Blue Water Navy Association and the VA appeared in Courtroom 2 of the Federal District Court Building in Washington, DC for a Hearing on the VA’s Motion to Dismiss based on lack of jurisdiction.

Our Congress has passed many laws that help insulate the VA from any court system outside the Fiefdom that is the VA. They have their own law making function, their own law interpretation function and their own law enforcement system, as things relate to the benefits and activities provided to veterans. The courts of common law, which we know as “our legal system,” do not exist within the VA System and they are extremely limited in their ability to play a role in or interfere with the working of the Veterans Administration. Because of this heavy insulation, the VA was claiming that any complaints against them must be heard and dealt with only within the VA System and that the Blue Water Navy complaint could not be heard by the Federal District Court.

The Federal Judge listened to the arguments of each side and asked very specific questions regarding how each side was interpreting and presenting their points of law. After the Hearing, the Judge will now review the testimony given and make a conclusion based on all the facts of law laid out and tempered by the Judge’s own interpretation of the Law.

It could take several months for a final ruling to be released because of the detail of the legal interpretation and basis of law the Judge uses to come to her conclusion. Depending on how well we were able to argue our points, the conclusion may be in favor of the Blue Water Navy. If we failed to make those points, or if the VA argument had clearer and stronger points in their argument, the judgment will come down in their favor. That would result in the Blue Water Navy’s case being ‘thrown out’ of the Federal District Court and relegated to the Court of Appeals for Veteran Claims, or the Court of Appeals for the Federal Circuit, which is the only court “outside” of the VA System that can have any say in matters regarding VA activities.

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