Posted: Wed Aug 23, 2006 1:20 pm
You're surprised that a judge is enthusiastic about civil liberties?
Sordid clambake
https://mail.theoneboard.com/board/
mvscal wrote: Oh, BTW, maybe you can explain precisely what standing the ACLU had to sue in this case.
The Bill of Rights wrote:The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Gets it.88 wrote:It doesn't matter what the judge's politics and hobbies are, as far as I am concerned. We have appellate courts to review district court decisions, and because the NSA eavesdropping decision was decided on on substantially stipulated facts, there will be little deference paid to the decision. Let the 6th Circuit have a shot at the issue, and then the SCOTUS, if necessary.
...oh, the hugh manatee.I will do so with the utmost clarity, and as comcisely as humanly possible
Yep, some things never change. mvscal making a snap judgment in support of the political agenda he parrots on this board is one of those things.mvscal wrote:Yep, just the trustee of a group that made heavy donations to the plaintiffs in the case before her. No conflict of interests here or anything...move along.
Hmmm, whom to believe, once again?Three legal ethicists interviewed said although Judge Taylor’s role as a trustee for a supporter of the civil liberties group would not necessarily disqualify her from hearing the case, she should have probably disclosed the connection in court to avoid any appearance of a conflict.
“It certainly would have been prudent” to notify the parties in the case, including the Justice Department, about the issue, said Steven Lubet, a law professor at Northwestern University and an author of “Judicial Conduct and Ethics.”
“I don’t think there’s a clear answer as to whether she should have disqualified herself,” Professor Lubet said. “But at a minimum, she should have disclosed it.”
If he continues to support the illegal spying after a court order to stop...then yes, it is.LTS TRN 2 wrote: It's Impeachment time. Really.
I didn't maintain that. Three legal ethicists did. And those are people far smarter than you as to this area.mvscal wrote:Shove it up your ass, cocksucker.
If you maintain that that isn't a clear conflict of interest, you are a motherfucking liar. Period.
I agree that she should have disclosed that fact prior to the hearing.JSC810 wrote:Terry, I'm not saying that it necessarily warranted a recusal, but don't you think she should have notified the parties of the potential conflict prior to the hearing?
You don't have a right to communicate with terrorists with impunity, dipshit. And you still don't knwo shit about the BoR. Maybe someone can explain the phrase unreasonable search in words small enough for you to understand, I won't waste the time.And if you liberals don't stop threatening my INALIENABLE RIGHTS, I am well within my rights to organize a militia to do whatever is necessary to make you stop threatening my rights
I don't know. And neither do you, although you'll undoubtedly protest to the contrary.mvscal wrote:But she failed to do so. Why do you suppose that is, huh?Terry in Crapchester wrote:I agree that she should have disclosed that fact prior to the hearing.
Again, I'm more inclined to go with the opinion of three legal ethicists than to go with your opinion on this one.This moves us past the appearance of a conflict of interest directly to an actual conflict of interest given her ruling.
Not that a fuckstain like you would understand, but they have standing because they met the 3 part test.mvscal wrote:Oh, BTW, maybe you can explain precisely what standing the ACLU had to sue in this case.
...clearly illuminates the fact that the ACLU (an organization with dubious standing to sue in this case) went shopping for a sympathetic judge.
Link to where I nade that claim?Diogenes wrote:You don't have a right to communicate with terrorists with impunity
Maybe someone can explain the phrase unreasonable search
Wrong. Do I REALLY have to go thru all the exceptions to the warrant rule carved out by legislators, judges and justices just since the 'drug war' started?Dinsdale wrote:Those pussies were shot down...
Most everything runs in cycles.... and I have utmost faith that our present-day pussies will meet the same fate.
Yet, I have yet to read a post by you, legal scholar that you are, that indicates where the legal error is.mvscal wrote:The program is ongoing. The government was granted a stay pending the dismissal of this moronic and legally baseless opinion.
mvscal wrote:If you are receiving phone calls from foreign terrorists, the government had better fucking be listening.
Moving Sale wrote:Wrong. Do I REALLY have to go thru all the exceptions to the warrant rule carved out by legislators, judges and justices just since the 'drug war' started?
See You Next Wednesday wrote:Shouldn't the title of this thread be:
remember that judge who ruled in favor of the terrorists?
I agreed to a tee with what they had to say. I stated that the judge should have disclosed her affiliation at the outset. But her affiliation didn't necessarily require recusal here.mvscal wrote:Then you need to reread what they actually said instead what you wanted them to say.Terry in Crapchester wrote:Again, I'm more inclined to go with the opinion of three legal ethicists than to go with your opinion on this one.
I agree with nearly all of this. "Political" being a key word. Everybody wants the FBI and NSA to be able to stop terrorist attacks. Nobody wants the authorities using this power to arrest Joe Blow because they don't like his political views. Like it or not, governments -- including our own -- have a long history of abusing this kind power, no matter how well-intended it is for our "protection." The FISA court may not be the ideal oversight, but it's better than no oversight, which is what the concern is with the program. And no, "we won't abuse it, we promise," isn't good enough.88 wrote:I personally think the NSA, FBI and Justice Department ought to be going to the FISA court unless there is a really, really, really good fucking reason why they can't get there in time. And I also think the FISA court should have a very low standard for granting warrants. If there is even a remote possibility that the wire tap might yield information that could protect the interests of the country, then the FISA court should grant the warrant. Warrants should only be denied where the NSA, FBI and/or Justice Department cannot articulate a non-political reason why they need the wiretap. My two cents.
mvscal wrote:Oh, BTW, maybe you can explain precisely what standing the ACLU had to sue in this case.
Read the decision. The issue of standing is addressed at pp. 15-24.
I'm sure that just breaks her heart.mvscal wrote:I don't find her reasoning even remotely compelling.Terry in Crapchester wrote:Read the decision. The issue of standing is addressed at pp. 15-24.
mvscal wrote:[I don't find her reasoning even remotely compelling.