The arguments have just concluded in the Hepting v. AT&T and related cases involving claims against the private telecoms and separate cases against the Government. A detailed report should be posted soon. Notably, the audience included Judge Carlos T. Bea, an active member of the Ninth Circuit from California appointed by George W. Bush in 2003. (Judge Bea was not assigned to the panel, he was simply attending as an observer). At the conclusion of the arguments it was very unclear who we should blame more: The Executive Branch for conducting the warrantless NSA domestic spying, the telecoms for participating in the warrantless spying, or Congress for trying to grant the telecoms a “civil pardon” for their participation in such warrantless spying.