This morning, Judge Gilman reaffirmed the NSA spying program's illegality. The court did dismiss the lawsuit, because of the standing of the journalists that brought the case (a lawyerly way of avoiding the real issue, I feel). It remains, however, that the only two judges to ever rule on the program's legality have both found the program illegal. Listen, as he matter-of-factly dismisses the childish arguments for the program's legality:
The closest question in this case, in my opinion, is whether the plaintiffs have the standing to sue. Once past that hurdle, however, the rest gets progressively easier. Mootness is not a problem because of the government’s position that it retains the right to opt out of the FISA regime whenever it chooses. Its AUMF and inherent-authority arguments are weak in light of existing precedent and the rules of statutory construction. Finally, when faced with the clear wording of FISA and Title III that these statutes provide the “exclusive means” for the government to engage in electronic surveillance within the United States for foreign intelligence purposes, the conclusion becomes inescapable that the TSP was unlawful. I would therefore affirm the judgment of the district court.Right as Neal Boortz was telling a lie about the legality of this very program, yet another judge was busy making a fool of him. Ohh, it's so embarrassing for poor Neal.
Updated: this was originally incorrectly attributed to the majority. Apologies