Surprise, Wiretap Judge's decision considered rubbish

[Lyion]

What a surprise. Legal authorities on both sides think the hand picked ACLU Federal Judge's decision was a complete partisan joke.

This is from the NYT. Hardly a friend to anything moderate or conservative.

http://www.nytimes.com/2006/08/19/washi ... oref=login


Experts Fault Reasoning in Surveillance Decision
By ADAM LIPTAK

Even legal experts who agreed with a federal judge’s conclusion on Thursday that a National Security Agency surveillance program is unlawful were distancing themselves from the decision’s reasoning and rhetoric yesterday.

They said the opinion overlooked important precedents, failed to engage the government’s major arguments, used circular reasoning, substituted passion for analysis and did not even offer the best reasons for its own conclusions.

Discomfort with the quality of the decision is almost universal, said Howard J. Bashman, a Pennsylvania lawyer whose Web log provides comprehensive and nonpartisan reports on legal developments.

[b]“It does appear,â€

[Arlos]

[quote]Indeed, Cass R. Sunstein, a law professor at the University of Chicago, predicted that the plaintiffs would win the case on appeal, but not for the reasons Judge Taylor gave.

“The chances that the Bush program will be upheld are not none, but slim,â€

[Lyion]

The point is the ACLU picked her because they knew it'd be a slamdunk in her court. Unfortunately, with their decision to start this in Detroit, they now have the added pressure of a poor legal decision that is almost guaranteed of being overturned because it's not soundly based in law.

The case certainly has merit, but by trying to play politics with it, they've hurt their case immensely.

This is from a Clinton Admin person:

[i]“It’s hard to exaggerate how bad it is,â€