In another supplemental filing offered by the DOJ and the US Attorney’s Office in the lawsuit brought by New Hampshire Lottery and entities, the Justice Department Wire Act opinion evades the question of whether the re-re-interpreted law applies to those lotteries.

In the most recent filing, submitted on April 25, DOJ attorneys again try to have it both ways. In response to New Hampshire’s most recent filing regarding the reach of the term “whoever”, which is an important legal point within the 1961 act, the DOJ continues to dispute New Hampshire’s assertions and motion for summary judgment.

Instead, the DOJ continues to argue that the issue of whether the Wire Act applies to lotteries is still “under review”, and since the DOJ hasn’t decided, New Hampshire’s case should be dismissed.

New Hampshire’s previously submitted legal argument to the opposite which offers rich historical and legal precedence, while the DOJ’s latest offers none: it is instead an exercise in legal blather.

Logic and legal precedence dictate that New Hampshire and its lottery entities should prevail with ease, but the conservative, Adelson-funded forces within the DOJ appear intent on trying to make this a political matter, rather than a legal one.

Read more about the Justice Department Wire Act at Flush Draw.