I am in the middle of it. It is very good.
It sounds like the two lower federal courts simply ignored the intent of Congress rather than the initial appeal being fatally flawed. (Whittemore is pure evil, IMHO.) Gibbs may have been too naive, but I don't think he was negligent, as someone asserted to me yesterday.
That is obvious by reading Whittmore's opinion, which refutes the contention. The pleadings must merely get the relevant facts in the case before the judge, which they did. Whittmore simply ignored the legal requirement for a de nova hearing assuming that he would find the same as the lower court did - prior to holding the hearing he was required to hold. IOW's under the federal statute, the findings of the lower court were mere hearsay, but Whittmore, just decided, well, if someone accused you of murder so, if I heard the case I would find you guilty, and therefore this silly little matter of a trial is just a waste of time. Sheriff hang the guilty sob.