Mike Papantonio was interviewed by BradBlog on 8/2/06 and they covered this issue:
BB: About qui tam: I understand that when you file, the government has the option of taking the case, instead of the citizen who files. Is that true?
MP: Correct.
BB: Is there any chance that the government might take the case and then go ahead and spike it?
MP: You mean sit on it?
BB: Yes.
MP: Yes, that’s exactly everybody’s fear, and that’s what we are trying to work around right now. The answer is, yes, that could very well happen, and we’re doing the best we can to not allow it to happen.
Interestingly enough, within 60 days they have to make a decision, the decision if they are going to take the case, and they have a right to have one extension, they can get one continuance for that decision, so that’s one thing we have to be very conscious of.BB: That can leave the disclosure until after the election then.
MP: Oh, absolutely. We’re trying to do what we can in that regard too.
http://www.bradblog.com/?p=3115I googled yesterday, with no success, trying to find a recent statement of the status and I also checked the Ring of Fire website to see if the summaries of recent radio shows had any mention of it. The October 7 show had an interview of Marc Dann that was focused on Ohio election violations so I listened to it. They did not even mention the qui tam lawsuit.
I think they have either been totally gagged from even mentioning the topic (we know they are gagged from discussing it substantively) or else they have made a tactical decision to not even mention the topic. However, I haven't listened to all the recent Ring of Fire shows and probably will as I have time in order to see if there is some brief mention that didn't make it into the summaries on the website. Listening to Ring of Fire is something I really enjoy so it won't be much of a hardship. I'll definitely post if I come across any clue of the status.
In the absence of anything more concrete, it seems a likely bet that Pap's fear was warranted -- that the DOJ has figured out that delay tactics are their best play.