Wednesday, September 06, 2006

Judge Hears Arguments on NSA TSP Judge Hears Arguments on NSA TSP

The NYT reports that: [another liberal] "Judge Hears Arguments on Federal Spying Program". Federal District Court Judge Gerard E. Lynch in Manhatten listened to arguments today on the legality of NSA TSP program. Judge Lynch is apparently a former Columbia law prof and a Clinton appointee to the bench. Some of his law school background was apparently evident today as he heard arguments.

Interestingly, he was surprised at the government's refusal to stipulate that the NSA's TSP violated FISA, and that the State Secret Doctrine would prevent the Court from determining that. He didn't remember seeing that in the government's briefs. I am surprised at that, because it was evident in the government's briefs in the Michigan ACLU case before Judge Taylor, and I had assumed that the government attorneys would share their work product, esp. since their primary defenses are the State Secret Doctrine and lack of Standing in both cases.

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