I interviewed Professor Jonathan Adler of Case Western Reserve University School of Law, Professor Erwin Chemerinsky of Duke Law School and Professor John Eastman of Chapman University Law School about the conduct of the two chief judges of the FISA court. All three are troubled by the allegations made in the Washington Post article.
The Post may have intended to run a “good judges/bad president” story. But I think the weight of scholarly opinion will be critical of the decision-making of the two judges.
Once again, a caution: The Post may have this story very wrong. But if the events are as the paper describes them, the two judges did not act in an ordinary fashion, and some of their moves are quite troubling.