Posted on 08/19/2006 5:53:41 AM PDT by libstripper
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.
“It does appear,” Mr. Bashman said, “that folks on all sides of the spectrum, both those who support it and those who oppose it, say the decision is not strongly grounded in legal authority.”
(Excerpt) Read more at nytimes.com ...
And just who appointed this giant of judicial intellect to the bench?
Start the countdown for this reporter's career at the NYT........
Jimmy Carter, the worst president in American history, WHO ELSE???
HA! Jimmeh was my first guess. TX
It's pretty bad when this is the best the Slimes can do in spinning this decision (their op-ed doesn't count since it was fact-free).
She's an affirmative action judge with Marxist roots. What a deadly combination!
Anyone know?
I believe her district covers New Feluja and West Kandahar.
This judge's decision really had nothing to do with proximity to Dearborn. Diggs-Taylor is a longstanding left winger. She would have made this decision anywhere.
If the administration had not appealed the ruling, I believe it would be in effect across the country, not just in that circuit. Since the appeal, her ruling is quashed until such time it is upheld by a higher court.
But I also have heard that the ruling is in effect in her jurisdiction.
I would not be surprised to find the plaintiffs (including CAIR) picked this circuit to include Dearborn so they could point to people who claim their speech was "chilled" by the wiretapping.
But, I still wonder if the judge's ruling is in effect and if it covers Dearborn. That could be an advantage to the terrorists and something the judge could have to answer for in the future.
More than twenty five years later, America is still suffering from the Jimmah Carter's mistakes.
Right now the ruling is not in effect, in Dearborn or anywhere else.
A tendentious, reckless and fatuous judicial ruling forces this country into harms way by maintaining the 2001 legislation “to use all necessary and appropriate force” did not include electronic surveillance. However, communication intelligence has been a precondition to, and inherent within successful military operations at least since Sun Tzu discussed foreknowledge over 2,000 years ago. Through four presidents and 15 major terrorist attacks, we fled into illusions war was not declared upon us. This ruling perpetuates such derangements.
A barbaric pestilence arising from Muslim heresies seeks to consume us, and we are squandering a precious, perishable opportunity to thwart extraordinarily creative and lethal initiatives. The technological barriers to abundant human slaughter have fallen. Production of chemical and biological weapons can now be accomplished in cottage industries, or produced in duel use facilities, resembling creameries and breweries. For nuclear weapons, now fifty-year old technologies produced the Davy Crockett missile firing a 51-pound warhead yielding .01-kiloton, and the Astor nuclear torpedo carrying a Hiroshima size warhead. The Islamic cults, which infected Muslim faith within the 20th-Century, perceive human death as both means and end for their orthodoxy. They do not postulate a viable remnant for infrastructure or people, even including their own families, tribes and countries.
The Constitution, properly understood, assumes a viable, organized society housing civil liberties, and vigorous Commander in Chief powers, not encumbered by unrestrained dogma, to counter at inception these looming, incalculable miseries.
The most this author can say for her opinion is, "She's a nitwit, but she's our nitwit."
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.