Wednesday, September 11, 2013

Amazing Sentence of Today: Judges Err

"n ordinary litigation, the judges misunderstand things all the time and reach decisions anyway, and they rarely discover all that they’ve misunderstood.  "

This sentence is from a very good post by Stewart Baker at Volokh Conspiracy discussing the recently declassified FISA court materials.  Don't know whether he's right, but two points he makes:

  • the "wall" between law enforcement and intelligence which played a disputed role in the failures to prevent 9/11 was unreasonably enforced by Judge Royce Lamberth.
  • cultural differences between IT types and legal types may have played a big part in the problems.  (That's an attractive argument to me: I believe in Murphy's Law.)

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