4 ms·
Deliberately teeing up for the appellate court? From the judge's perspective, ruling against the government at this stage in the case is very dangerous - but m
by toufka 12y ago
Deliberately teeing up for the appellate court? From the judge's perspective, ruling against the government at this stage in the case is very dangerous - but making a ruling like this gets it off his plate and up the food chain (where it would go anyway). And in this way it gets up there quicker.
- harshreality 12y agoThe judge may also have seen enough information to think that the NSA might have sufficient minimization procedures in place to make the outcome of a suit uncertain, but the details of minimization procedures would allow terrorists to tailor their behavior to avoid some of the surveillance. What do you do if you're a judge in that situation?
- diafygi 12y agoIf I were a judge, I hopefully would realize that this was about more than the specific implications of the present program. This is question of who can make claims to who. If the Executive can say to the Judiciary, "This will hurt people." I (as a judge) should have the power to say, "I don't trust you, so let's hear arguments from another point of view." Trust is something a balanced and representative government should not rely on. The ruling in this case is an acquiescence of power from the Judiciary to the Executive.