Re:No-fly list trial: Court awards fees on government attorn...
by hedora on Sunday January 06, 2019 @11:34AM
(#18839079)
Surely this can’t be the proper standard for national security claims. Otherwise, arguments of the form must always be acceptable, and without repercussion:
Based on [redacted, even from the judge] the court must make [arbitrary judgment].
That’s giving the exective branch more authority than simply giving them immunity from perjury would!
The government got the correct sanction here, a finding of “bad faith” and attorneys’ fees, which is what courts do when parties push thin legal arguments further than they should.