Conflict of Interest Is Raised in N.S.A. Ruling

NY Times' Terrorist Tip Sheet ^ | August 23, 2006 | ERIC LICHTBLAU (Terrorist Tipper)

[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...

[devolve]

[Mad_Tom_Rackham]

It would seem to me that this test could be applied to every ACLU case in which SCOTUS Justice Ginsberg presided as well.

[Mo1]

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.

You betcha she should have

[onyx]

Bump and Wow!

[potlatch]

Oh my - too funny! Looks like the start of a marathon.

And - some can just hang on to her tail!!!

[JennysCool]

Amazing they're even mentioning this in the Times. Pinch must be on vacation.

[CedarDave]

To the MSM, conflicts of interest, partisanship, croneyism are only important if these occur among Republicans. It is very rare for it to be reported as in this situation.

[doug from upland]

Memorialized in song -- http://www.freerepublic.com/focus/f-news/1688416/posts

[M Kehoe]

Bttt.

5.56mm

[devolve]

[potlatch]

Works pretty good! Yours is brighter and sharper but it looks OK!

[Carry_Okie]

The Times is throwing her a life ring. Rather than have this case thrown out with a precedent setting ruling on its legal merits, they want it dumped upon a question of procedure!

Bastards. Now they'll find another liberal judge to repeat the whole story for a whole new news cycle, and add more bogus legal agreement around their preferred and twisted interpretation.

[ConservativeMind]

Go Tom!

[devolve]

they reduced size

about 400x300 or close

G-W does that well

I-M often messes it up

At only 215K I could easily resize it a G-W first


--

[potlatch]

There is quite a difference in the text clarity though devolve.

[sageb1]

"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."

Conflict? What conflict? /s

[devolve]

Yup

I saw that

Funny how different software alters things

[WhistlingPastTheGraveyard]

The group, Judicial Watch...

and their involvement ensure that this story will die a quick, painless death.