I just read through that entire opinion, and Posner keeps referencing the FISA act as if it were the ultimate authority here. Sorry, Judge Posner, a statute doesn't prevail over the Constitution. He doesn't even address the Sixth Amendment at all, not once, in the entire thing. I find that astounding, especially since that is the entire basis of the lower court's decision. Just a phenomenally poorly written opinion.
Techdirt has not posted any stories submitted by Ben Carl.
Posner pretends the 6th Amendment doesn't exist
Techdirt has not posted any stories submitted by Ben Carl.
Submit a story now.