The Ham Hock of Liberty

Tuesday, August 22, 2006

Getting to the point

As usual, Glenn Greenwald has done a good job of separating the truth from the bullshit with regard to the analysis of the warrantless wiretapping decision that came down recently. He even takes the switch to Ann Althouse, which I fear will start him down the road to getting caught up in a "debate" with that particular brick wall.

Anyway, go check it out, because he's right.
I seriously doubt based on their commentary that Kerr or Althouse (and most, though not all, of the other law professor critics) have been following this case at all. They don't seem to be aware of some rather critical events which are indispensable in understanding what the court did here -- or, at least, they weren't aware of those events at the time they were attacking Judge Taylor's opinion. What appears to have happened is that they read the opinion on the day it was issued and evaluated it without regard to (or knowledge of) the procedural history of the case, the rules of civil litigation, and the arguments advanced by the DoJ-- i.e., they evaluated it the way a law professor would grade an exam or comment on a law review article, not the way a judicial opinion of this type must be understood (which was part of what Professor Tribe was pointing out the other day).


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