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View Diary: BREAKING: District Judge Slams Obama DoJ on State Secrets (76 comments)

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  •  Several days late to the party, but.... (0+ / 0-)

    I applaud the judge's ruling.  While I'd prefer to see the Ninth Circuit and ultimately the Supreme Court clarify the law, as their decisions carry greater weight than those of a circuit court, I'd also like to see the case move forward.  And for the reasons I cited in my diary - economizing court time and resources and moving cases along - I generally disfavor interlocutory appeals.

    For professional reasons I'm going to be very cautious about what I say next, because it could sound like I'm accusing the U.S. Attorneys who argued the case of malpractice.  I'm not.  However, from all I've read, their oral arguments on this motion made it clear that successfully invoking the state secrets privilege would indeed halt this and every other FISA case down in their tracks.  It was a case of "We need to invoke the state secrets privilege so no one can review what the U.S. government did here ... ever ... period."

    One might say they protesteth too much.  Or just enough to clarify the issue.

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