Experts Fault Reasoning in Surveillance Decision (NYT)

[spindrifter]

By ADAM LIPTAK
Published: August 19, 2006

Even legal experts who agreed with a federal judge’s conclusion on Thursday that a National Security Agency surveillance program is unlawful were distancing themselves from the decision’s reasoning and rhetoric yesterday.

They said the opinion overlooked important precedents, failed to engage the government’s major arguments, used circular reasoning, substituted passion for analysis and did not even offer the best reasons for its own conclusions.

Discomfort with the quality of the decision is almost universal, said Howard J. Bashman, a Pennsylvania lawyer whose Web log provides comprehensive and nonpartisan reports on legal developments.

“It does appear,” Mr. Bashman said, “that folks on all sides of the spectrum, both those who support it and those who oppose it, say the decision is not strongly grounded in legal authority.”

<snip>

http://www.nytimes.com/2006/08/19/washington/19ruling.html?hp&ex=1155960000&en=359d009508f66aa4&ei=5094&partner=homepage

[originalpckelly]

1. Mr. Liptak is a lawyer...

or I think we can trust his analysis. Does anyone know where the decision is online, that way we might be able to read it and judge for ourselves?

[spindrifter]

3. The decision is posted on the ACLU webpage:

www.aclu.org.

[bluerum]

2. dupe

Link for original thread.