Federal Court Judge Victor J. Wolski of the United States Court Of Federal Claims in Washington, D.C. ordered the transfer of case No. 16-1682C, Julian Marcus Raven Vs. The United States, to the District Court in Washington, D.C.
Plaintiff Julian Raven had motioned the court to transfer the case since the United States Court Of Federal Claims was unable to try his case. After nearly six months, the lawsuit against the Smithsonian National Portrait Gallery director Kim Sajet, its officials and Board Of Regents members is moving forward.
The Federal Court ruling issued on the 5th of June 2017 validates Julian Raven’s case against the Smithsonian. The test of the merits in Raven’s case was now at stake. The motion to transfer the case would cause the U.S. Federal Court to consider whether Julian Raven’s case had legal standing. The Department of Justice representing the Smithsonian did not oppose the motion to transfer the case to the District Court indicating that the case had merit, for had it lacked merit the DOJ would have vigorously opposed the U.S. Court of Federal Claims even considering the motion and would have requested the Court dismiss the case against the Smithsonian as frivolous or without merit.
The Court required that the transfer could occur only if three conditions were met. 1. That the US Court Of Federal Claims lacked subject matter jurisdiction, 2. That the claim could have been brought in the transferee court (The D.C. District Court) and 3. That the transfer was in the interest of justice.
Judge Wolski proceeded to cite established case law which clearly supported plaintiff Julian Raven’s case against the Smithsonian, stating, “Mister Raven’s claims appear to have sufficient factual support — he has alleged specific instances of government actions, which could plausibly form a basis for relief … Accordingly, transfer of the case is appropriate.”
“The Plaintiff’s motion to transfer this case to the United States District Court for the District of Columbia is GRANTED … IT IS SO ORDERED.” – Victor J. Wolski
The egregious and blatantly biased anti-Trump conduct of the Smithsonian National Portrait Gallery Director Kim Sajet, its officers and the failure of the Smithsonian Board Of Regents will now be considered in the District Court of Columbia.
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