[Michael.SF.]

Since the Judge said it was a legal search, has he not "maintain the constitutional balance"?

I am troubled though that the Judge who decided this was the same one who issued the warrant. That alone could be grounds for appeal, I would think.

[shalom aleichem]

I believe the Judge starts off his decision saying that no one challenged whether the issuance of the warrant was proper. That being conceded, then yes he would be allowed to decide whatever other gripes they had concerning whether the speech and debate clause was infringed. Judge said it was incidentally abused but that is tough. (paraphrase)