The judge in the Buffalo 6 case is another who has decided that the law, passed in 1998, is troubling and he doesn't want to adhere to that law.
He wants to consider only the consitution not the war on terror.
Seems just training in a terror camp, writing emails describing acts of terror, and planning terror does not make one a terrorist in this judge's mind.
I doubt the judge is all that concerned over the constitution. If someone's door was being forced in or unarmed people shot in bed, he'd see no problem with it. This guy has an agenda that objects to the death penalty. The death penalty has been examined up the kazoo, reasonable steps provided to protect the innocent, but this guy just can't live with that.