"Actually president Bush just said that yesterday. "
Do you mean that Bush mentioned this conflict of interest yesterday? I miss something?
And what mouth-breather at the NSA missed THIS connection before trial?
OR.....
[donning tinfoil hat]
NSA knew the conflict existed, but was unsure about what the outcome might be, so permitted the case to proceed with this obviously conflicted judge in order to attack the ruling when they lost.
[/removing tin foil hat]
I agree with your removing the tin foil hat. Good catch BTW. GW just said yesterday he disagreed with the ruling, it was wrong and would be appealled. He was not pleased with the judge. Sounded like a rebuke to me.