There is no more sacred duty the government has than to do equal and impartial justice for its citizens. That duty includes only subjecting its citizens to trials before adjudicators who are empowered to preside over the government’s claims and lawfully rule on them. The Government admits its ALJs are unlawful. This court, not an ALJ whose very authority is in question, must adjudicate this matter to preserve due process and to protect the structural integrity of our Constitution.

The reinstituted proceeding against RJL and Mr. Lucia is just as unconstitutional as the original proceeding—and the SEC knows it. Here is what will happen if the SEC is allowed by this court to force RJL and Mr. Lucia into another void administrative proceeding: the plaintiffs will endure a second administrative trial that will involve, if the last one is any indication, months of pre-trial discovery already weighted in the SEC’s favor, last six or more weeks, require costly expert testimony, deplete administrative, judicial, and governmental resources and take parties, government and defense witnesses away from matters of consequence and otherwise productive lives…

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