The too-late-to-shut-the-barn-door bit of silver lining is that he acknowledged the existence of TSP. That said, Judge Walker could do one of two things that would crap a turd in the Mukasey-Bush-Cheney-Addington punchbowl.
That would be to either:
• Pull the judicial equivalent of jury nullification and tell Mukasey where to get off;
• Issue a stay of Mukasey’s request, based on the EFF suit against the government itself rather than the telecoms, filed for exactly this reason.
Walker has no legal reason to resort to option 1. But, he has plenty of legal logic to choose option 2.
(Oh, and thanks once again for an AG like this, Chuck Schumer; with Democrats like you, who needs to vote Republican?)
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