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Originally Posted by daddydirt
http://newsbusters.org/node/7045
"on CNN's The Situation Room, legal analyst Jeffrey Toobin conveyed that "this was a very liberal judge" who "almost exclusively cites other liberal judges." Toobin informed viewers that the case was likely to be overturned as he was "certain that other courts will see this differently."
http://powerlineblog.com/archives/015041.php
"John, who is on vacation, has delegated to Scott and me the task of "dissecting" the district court opinion that strikes down the NSA's intercept program as unconstitutional. In a sense, however, there isn't much to dissect. The opinion is almost devoid of analysis on the key constitutional provisions it relies upon (the court more or less ducks the issue of whether the intercept program is consistent with FISA and completely dodges the issue of whether the president has the inherent power to authorize the intercepts; it reasons that the Constitution trumps the statute and that the president lacks the inherent power to violate specific constitutional provisions). It is part of my job as a litigator (and has been for more than 30 years) to read and understand judicial opinions. Off hand, I cannot recall reading an opinion as conclusory and content free as the key portions of this opinion.
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c'mon - powerline as a source? hindraker et al are as far out there as the crew at dailykos. and the court did directly address the FISA issue:
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"The president of the United States, a creature of the same Constitution which gave us these amendments, has undisputedly violated the Fourth in failing to produce judicial orders as required by FISA.
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this is the key point, in my untrained opinion.
but yup, it may well be overturned on appeal, but that doesn't mean it's not worth noting.
