Carl Tobias
Carl Tobias
balance civil expect government highly issues judges legal liberties mechanisms national needs relevant rights security seems sensitive sort trying
It seems to me that it would be relevant to a person's case. I would expect the government to say that it is highly sensitive material, but we have legal mechanisms to balance the national security needs with the rights of defendants. I think judges are very conscientious about trying to sort out these issues and balance civil liberties and national security.
business elite expressed movement religious
It was the intellectual elite of the conservative movement that expressed the most concern, not the religious conservatives or the business conservatives.
case saying
It's always unpredictable saying what the docket will look like in 10 years, ... It could be high-tech, biotech. ... If it were present-day issues, you'd have to take it case by case.
avoid good government lose ruling supreme
The government is going to lose a very good ruling to avoid having this go before the Supreme Court.
came case circumstance dire government overstated seem strong
The government may have overstated the dire circumstances going in. But when they actually came to prosecute the case, it didn't seem as dire or as strong a case when they came to the courthouse.
cake eat question
The question is, can they have their cake and eat it too?
high liability needs negligence prove question shield standard unusual
The question is how high the liability shield needs to be. I think 'willful misconduct' is too high. We usually use some kind of negligence standard in these situations. It would be very unusual that you could prove that intentional misconduct had happened.
almost articulate likable sort
very articulate but sort of reserved, almost kind of shy. And so I think he is a very likable sort of person.