On October 9, 2007, attorneys Ron Kuby and David Pressman filed a reply brief with the United States Courts of Appeals for the Eight Circuit. According to the Peltier attorneys:
"The government's assertion that it can wave away its sordid history of proven FBI and prosecutorial misconduct toward Peltier with a 'what have we done to you lately' nonchalance rests entirely on the government's own insistence. More significantly, the government conflates Peltier's lengthy, documented, proven history of the most serious governmental misconduct with some fanciful, gauzy grievance made by some hypothetical litigant. The government again demonstrates that it does not now, nor has it ever, taken seriously any of the courts that have admonished it about the treatment of Leonard Peltier. It has been proven that the FBI withheld exculpatory evidence, manufactured inculpatory evidence that it knew to be false, coerced witnesses and engaged in an over reaction to Wounded Knee sufficiently grave to cause a Senior Judge of this Court to opine that the Government shares responsibility for the firefight that led to the death of the two FBI agents. The government has shown no solicitude for the enormous 'burden on the judiciary' that its own malfeasance has caused."