I didn’t know that you could live-blog a federal court of appeals oral argument, but if we know anything about the Ninth Circuit, it’s that everything is possible! To prove the point, Ryan Singel and David Kravets live-blogged today’s oral argument in the NSA state secrets cases.
Their take: “On the whole, the judges seem to be leaning towards allowing this case to continue in the district court — which would be a victory for EFF and the Al-Haramain lawyers.” A short-term victory, yes, but the label “Pregerson, Circuit Judge” will be sure to draw some attention on a cert petition. The audio of the argument should be up on the Ninth Circuit’s website by tomorrow, but it’s not up as of right now.