Judge Thomas Penfield Jackson gave secret interviews to the press during the trial in his district court before finding Microsoft guilty and ordering that the company be split in two. Microsoft argues that this conduct amounts to an indication of bias on his part. The company maintains that upholding Jackson’s findings, in light of his bias, undermines public confidence in the US legal system.
Although the appeals court condemned Jackson for his actions and dismissed his proposed remedy, it upheld his legal and factual findings in the case. Microsoft wants the Supreme Court to intervene and throw out his findings of fact. The company has also asked the appeals court to postpone its intended referral of the case to the district courts pending the Supreme Court’s decision on whether to review the case.
Some observers suggest that Microsoft is simply trying to stall proceedings in the hope that it can launch its Windows XP operating system, scheduled for October, before any court order intervenes.