Alito will not be answering questions about the NSA
Many Senators have expressed an interest in learning of Judge Alito's opinion on NSA wire tapping. IMO, Judge Alito will not be answering those questions directly.
The Code of Conduct for United States Judges Cannon 3, Section A. Paragraph 6 states “A judge should avoid public comment on the merits of a pending or impending action, requiring similar restraint by court personnel subject to the judge's direction and control. This proscription does not extend to public statements made in the course of the judge's official duties, to the explanation of court procedures, or to a scholarly presentation made for purposes of legal education.”
While the rule would appear to Allow Judge Alito the leeway to discuss the courts role in the matter, any questions asking his direct opinion on the matter would clearly require Judge Alito to refuse to comment as it would interfere with the ongoing investigation and also the distinct possibility that this case could come before the US Supreme Court.
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