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Old May 14th 05, 07:28 AM
Charles O'Rourke
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George Patterson wrote:
Remember that you have not been charged with a crime. You have been
charged with violation of the FAA rules instituted for the safety of the
American public. The judicial branch does not have the final say.


The judicial branch has the final say in both civil and criminal
matters. You could appeal your case all the way up to the Supreme
Court, if you wanted to pay for the lawyers all the way up. (There's no
guarantee that any of the courts would hear your case, but even their
decision to hear your case or not is a form of judicial review.)

Here is a case where the U.S. Court of Appeals overrules the judgment of
the FAA and the NTSB. Especially note this paragraph:

---
The FAA and the NTSB argue that this Court does not have
jurisdiction to hear Reder's appeal. We disagree.

Judicial review of FAA or NTSB orders is contemplated by 49
U.S.C.  44709(f) (1994) of the Federal Aviation Act's Safety
Regulations. Section 44709(f) directs that orders of the NTSB or
the FAA be reviewed pursuant to 49 U.S.C.  46110 (1994).
---

http://caselaw.lp.findlaw.com/cgi-bi...ase&no=962438p

Charles.
-N8385U