Orin Kerr has a theory that the court is using anticipatory warrants.
Keith Olbermann had a good segment tonight with Constitutional scholar Jonathan Turley on the topic. They point out that the new Democratic Congress now has subpoena power and was threatening to us it. Also that this is just another case of the Bush administration "gaming the system" and getting away with stuff and misdirecting things until finally called to task. He said they did the same thing with the Padilla case, charge him with terrorism until a judge calls them out on the facts and then they drop the charges. They also brought up Gonzales attacks against judges and his failure to take any action against Deputy Assistant Secretary of Defense Charles “Cully” Stimson for his call for a boycott of law firms representing suspected terrorists for which he delivered a non-apology apology. Again, hopefully things will improve.
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