The documents for the court of appeals from the Government appears to be shifting gears and moving away from the Genesis of the FOIA lawsuit whereas now, the need for the privacy of government witnesses and then all agencies and corporations {Boeing in this case} seems to be more central to the appeals case for the Government, and not specifically the data, physics, aerodynamics, for which Captain Lahr has been fighting for. The Government here would be trying to Paint the Plaintiff as a conspiracy theorist, when the lower court has essentially ruled that out, in that Lahr has met his burden and has proffered evidence of Government malfeasence. But we find that the Data for which Captain Lahr is fighting for is not central, or specifically addressed as much in the appeals documents, as is the governments alleged need for privacy concerns. The burden of proof lies with the government to surface factual data, yet here the need for privacy is center stage, not that they have surfaced any evidence in the appeals process which proves the zoom climb occurred. |