  We argue that there is a fundamental problem regarding the analysis that
serves as the foundation for the papers {\it Information theory explanation of
the fluctuation theorem, maximum entropy production and self-organized
criticality in non-equilibrium stationary states} [R. Dewar, J. Phys. A: Math.
Gen. {\bf 36} (2003), 631-641] and {\it Maximum entropy production and the
fluctuation theorem} [R. Dewar, J. Phys. A: Math. Gen. {\bf 38} (2005),
L371-L381]. In particular, we demonstrate that this analysis is based on an
assumption that is physically unrealistic and that, hence, the results obtained
in those papers cannot be regarded as physically meaningful.
