The government’s case for dismissal of MIDN Standage’s lawsuit rests almost solely on “unlimited discretion” and exhaustion of administrative remedies. As MIDN Standage’s attorney Jeff McFadden pointed out, the government completely failed to rebut any of the facts supporting the First Amendment claim and focused almost entirely on why the case should not be heard. The judge focused at length on the exhaustion issue and said she needed more time to analyze the issue further.