The news today regarding first status conference is both extraordinary and far reaching. Up until today the governments main strategy was to stall and delay to the point of infuriating Judge Sweeney. Now suddenly we see an apparent 180 degree reversal in their strategy. One could argue that the government heard Judge Sweeneys displeasure with their gamesmanship loud and clear and simply decided it was best to fully cooperate with all of Fairholmes demands. I find that very very hard to believe, I mean I could see the government slightly cooperating as even that would have been a dramatic shift. But cooperating to the point that Fairholme would forego a status conference? Remember the huge disparity between the two discovery schedules? I suppose it is possible, but not likely that the government has decided to feign cooperation and will soon revert to their cat and mouse game which will be clear at the next status conference. This would only accomplish further angering Judge Sweeney. I also think Fairholme would have sensed this and still gone ahead with the conference tomorrow.

Let me be very clear about another strong possibility; that is what we are witnessing is the beginning of the government surrender. The government went to great lengths, almost absurd lengths to avoid discovery and lost. The government, knowing they stand no chance of victory now may decide that rather than subject high level officials to the agonizing process of trying to defend their absurd arguments under oath, it may be better to end this. To choose otherwise, could lead to some pretty damning evidence getting etched in the public record. Keep the faith!