The answer is the concept of judicial review. The absence of an offence is irrelevant.
Judicial review is a procedure whereby courts supervise the exercise of power by a public body. A person who feels that an exercise of power is unlawful may apply to an administrative court for judicial review of a decision. If the court finds the decision unlawful it may have it set aside and possibly award damages. A court may also impose an injunction upon the public body requiring it to exercise its powers in a specific way, e.g. to disclose information where withholding it is illegal.
Intelligence agencies are often partially exempted from judicial review under primary legislation, such as the Vital Secrets Act.
Now, I know you think Iām the evilest sort of nationalist, secretly dripping with venom and hatred, but I say this: were the Arataka Research Consortium and its various partners and associates at the Inquest attempting to harm the Federation by supporting the Federationās initiative? Were the Arataka Research Consortium and its various partners and associates at the Inquest attempting to harm the Federation by offering an amendment providing for audits of records released under the Hope Act to ensure veracity and completeness?
Essentially, sir, I simply wish for FIO to comply with legislation put forth by the Federation.
Are you saying this is a dire and devilish plot to undermine the Federation?
The Arataka Research Consortium has been in discussions with multiple potential intervenors. Interested organizations are requested to submit briefs to the District of Orvanne courts. In the interest of transparency and accessibility, we would also request that parties publish those briefs in a circulation of note.
The question of jurisdiction has been raised by some potential intervenors. The following is my understanding of certain matters concerning the suit after consulting with counsel. While the District of Orvanne is an appropriate court of first instance in a matter of Federal law, the question of devolution of the Inquest acts has been raised. Given the involvement of DED investigatory teams in both FIO and Senate investigations, a centralized Hope Act administration might require Hope Act releases to be managed by the DED. In such a case, subject-matter jurisdiction would rest with CONCORD courts. It is our understanding that Hope Act implementation, like many elements of CONCORD regulation, is devolved to the various nations.
Sir Syagrius, I question where oneās allegiances must lie in the pursuit of a solution to a deadly plague. One must consider the devastation caused that it warranted news across the sector, and how oneās loyalty can even have the basest of impacts on the plague therein.
For the FIO to be justified in their refusal to provide the greater good not just for the common man, but for Federation citizens as well, I would argue that perhaps the FIOās allegiances are not with the Federation at heart. To that end, I can see no gain in withholding vital information from the people who are neither warfighters nor tacticians. Perhaps then, the greater threat lies not with the plague itself, but with those who seek to cause further harm through ambivalence at best and outright negligence or apathy at worse.
While it is true I am no friend of the Federation as of recent, given my secular beliefs, I still can see that there is no benefit for the layman to withhold any information that may aid the ailing.
She could have simply pleaded to join us, or at least offer her services to Caldari, because the Caldari State is already at war with Federation for already nine years. I donāt understand why is there all this clownery.
After consulting with the Arataka Research Consortium the Society has filed a brief in the District Court of Orvanne supporting the Consortiumās request for a disclosure by the Federal Government in accordance with the Hope for All Act.
I would like to extend the thanks of the coordination group to the Society for joining us in this legal endeavor.
In the coming weeks, weāll be filing an amended complaint with what will be, I hope, extensive exhibits demonstrating FIOās failures to comply with the Hope For All Act.
It is under strict choice of format that SIBS remains neutral in internal direct and internal hardline politics of the Republic, Empire, State and Federation and only take part actively in Interstellar matters.
The Kyonoke Outbreak touches all of New Eden however and its importance weighs heavily not only on the merits of what happened during those events but also how it is imperative for everyone with enough power, be ready and learn from the past in case such an incident ever occurs in similar fashion or under an even worse format.
Given all this and how the Hope for all Act was indeed signed by both the Republic and the Federation, the contents of which have a direct Interstellar impact, SIBS declares support into the effort of ARC calling for transparency and execution of the agreed actions by the two involved bodies, unless anything changes into the format of the agreement officially between the Republic and the Federation.
A brief will be presented the District Court of Orvanne, at the coming days presenting the support of SIBS.
You have ARCās thanks for your support, Mr. Sepphiros. We look forward to seeing the brief filed. Transparency and pursuit of justice against those involved in the spreading of the Kyonoke bioweapon is a shared aim, and one that we agree is multilateral and multinational in nature.
ARC is also currently deliberating on the need to begin a suit against the Kaalakiota Corporation and Hyasyoda Corporation in the Caldari Business Tribunal for their failure to disclose information concerning the early phases of the Templis Dragonaur plot. It is our hope that these State corporations undertake the effort to comply with HfA rules before a lawsuit must be filed, which unfortunately becomes ever more pressing.
In service,
Makoto Priano
Arataka Research Consortium, Coordination Group
Even as far from the hubbub of political diatribe as I am, still one hears you are drawing a good deal of the wrong kind of attention Mr. Sepphiros.
How does the old saying goā¦āInter arma enim silent legesā.