She'll be smacked down on appeal very quickly but she managed to grab a headline - which is the sole purpose in this fraudulent exercise.
Here is the opinion in all its stunning ignorance - try and follow the tortured logic involving the repudiation of the governments claim of state secrets. It gives new meaning to 'risible'.
This will be heard in the Sixth Circuit - I hope that the language used when it is overturned is commensurate with the lack of intelligence shown by this judge. She needs to stay home and nap.
Update 12:32 MDT StY: It'll be worth following the discussion on Volokh Conspiracy
SECOND UPDATE:(3:10PM MDT) White House Response:
Statement on the Terrorist Surveillance Program
Last week America and the world received a stark reminder that terrorists are still plotting to attack our country and kill innocent people. Today a federal judge in Michigan has ruled that the Terrorist Surveillance Program ordered by the President to detect and prevent terrorist attacks against the American people is unconstitutional and otherwise illegal. We couldn't disagree more with this ruling, and the Justice Department will seek an immediate stay of the opinion and appeal. Until the Court has the opportunity to rule on a stay of the Court's ruling in a hearing now set for September 7, 2006, the parties have agreed that enforcement of the ruling will be stayed.
United States intelligence officials have confirmed that the program has helped stop terrorist attacks and saved American lives. The program is carefully administered, and only targets international phone calls coming into or out of the United States where one of the parties on the call is a suspected Al Qaeda or affiliated terrorist. The whole point is to detect and prevent terrorist attacks before they can be carried out. That's what the American people expect from their government, and it is the President's most solemn duty to ensure their protection.
The Terrorist Surveillance Program is firmly grounded in law and regularly reviewed to make sure steps are taken to protect civil liberties. The Terrorist Surveillance Program has proven to be one of our most critical and effective tools in the war against terrorism, and we look forward to demonstrating on appeal the validity of this vital program.