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Conflict of Interest Is Raised in N.S.A. Ruling
NY Times' Terrorist Tip Sheet ^ | August 23, 2006 | ERIC LICHTBLAU (Terrorist Tipper)


Posted on 08/22/2006 10:24:54 PM PDT by neverdem


WASHINGTON, Aug. 22 — The federal judge who ruled last week that President Bush’s eavesdropping program was unconstitutional is a trustee and an officer of a group that has given at least $125,000 to the American Civil Liberties Union in Michigan, a watchdog group said Tuesday.

The group, Judicial Watch, a conservative organization here that found the connection, said the link posed a possible conflict for the judge, Anna Taylor Diggs, and called for further investigation.

“The system relies on judges to exercise good judgment, and we need more information and more explanation about what the court’s involvement was in support of the A.C.L.U.,” said Tom Fitton, president of Judicial Watch, which gained attention in the 1990’s for ethics accusations against President Bill Clinton.

Three legal ethicists interviewed said although Judge Taylor’s role as a trustee for a supporter of the civil liberties group would not necessarily disqualify her from hearing the case, she should have probably disclosed the connection in court to avoid any appearance of a conflict.

“It certainly would have been prudent” to notify the parties in the case, including the Justice Department, about the issue, said Steven Lubet, a law professor at Northwestern University and an author of “Judicial Conduct and Ethics.”

“I don’t think there’s a clear answer as to whether she should have disqualified herself,” Professor Lubet said. “But at a minimum, she should have disclosed it.”

In a case brought by the national organization of the A.C.L.U. and its Michigan chapter, among others, Judge Taylor ruled that the surveillance by the National Security Agency without warrants that was approved after the Sept. 11, 2001, attacks violated the Constitution and a 1978 surveillance law.

The Justice Department moved immediately to appeal Judge Taylor’s ruling.

Some legal experts saw the decision as an important affirmation...


(Excerpt) Read more at nytimes.com ...


1,605 posted on 08/23/2006 10:36:40 AM PDT by nw_arizona_granny (A good week for getting on your knees and doing a lot of heavy praying, to God!!!)
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To: nw_arizona_granny

There is always different rules for the left, isn't there?


1,616 posted on 08/23/2006 5:24:38 PM PDT by Donna Lee Nardo
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