Justice Dept. Remains Wary of Legal Maneuvering by Microsoft

The Justice Department urged a federal judge to reject Microsoft Corp.’s motion to stay the antitrust penalties he imposed on the giant computer software maker on grounds that delaying the judge’s order “would greatly damage the public interest.” But the department’s antitrust division asked U.S. District Judge Thomas Penfield Jackson to very briefly delay denying the stay to thwart what the government called Microsoft’s bid to manipulate the court. It urged Jackson not to rule on the stay until Microsoft files its promised notice of appeal and then to rule on both together. Microsoft spokesman Jim Cullinan responded, “The judge has been extremely clear that he would deny this motion anyway, and we’re eager to get it to an appeals court for consideration.”

The government said the company is trying to maneuver part of the case into the U.S. Court of Appeals for the District of Columbia, where it won an earlier battle in the case. The Justice Department wants Microsoft’s appeal to go directly to the Supreme Court, bypassing the circuit court. But it cannot file that motion until the company files its notice of appeal, which Microsoft has not done.