美国有线新闻 CNN 2014-01-03

 Hi, I'm Bill Weir¹ in for Anderson Cooper, welcome to the 360 podcast. It is judge versus² judge on the NASA's phone spying program, big news scare for target customers and big win for Duck Dynasty. Let's get started. 

 

Today, a New York Federal Court Judge weighed in on the NASA  operation, they collects the numbers called from all of our phones: when those calls are made and for how long. It is a defeat for the American's civil liberties union which sued to stop the NASA. And Judge William Polly wrote: While Robust³ discussions are under way across the country. In congress and at the White House, the question for this court is whether the government bulk telephony metadata program is lawful⁴, this court finds it is. 

One catch, though, just a week ago, another Federal Judge Richard Leon looking at the very same facts reached exact opposite conclusion. He wrote: I can't imagine a more indiscriminate and arbitrary invasion than this systematic⁵ high-tech⁶ collection and retention⁷ of personal data on virtually every citizen for purposes of querying⁸ and analyzing⁹ it without prior judicial¹⁰ approval. 

 

So the question now, how is square these two rulings and who gets the job doing that? Senior legal analyst¹¹ Jeffery Tooben gets the job tonight trying to answer both. 

So break this down for us, Jeffery. This is really interesting. A couple of weeks ago, we had Judge down in Washington appointed by or nominated bench, by George W. Bush who says this is against Fourth Amendment¹², this will not stand, we can't hoover up all this metadata and keep it forever. This judge, here in New York, two weeks later, appointed by Clinton disagrees. 

 

It's a pretty amazing situation. I've never seen something precisely¹³ like this. Here you have two judges,  exactly legal issue inside a couple of weeks, deciding it completely differently.I think the big difference is that the judge here in New York said "There's a supreme¹⁴ court precedent¹⁵ that controls this case." There is a Supreme Court 1979 said " When you dial the phone, you are telling the phone company what number you are dialing, you'll see it on you bill. It is not something you have any right to expect privacy,"

 

But again, 1979 when we had rotary¹⁶ phones  (correct) and the founder¹⁷ of Facebook was negative five (correct).

 

Well, that's what the judge in Washington says, that may be the precedent on the books but it's obsolete¹⁸ now. So, I'm gonna find this a violation¹⁹ of privacy. You know, appeals courts don't take too kindly²⁰ to district court judges saying. You know the Supreme Court is wrong. So I think the Judge in New York may have the advantage on appeal, and I think the odds²¹ favor although is not a sure thing. This metadata program being upheld. 

 

And one is saying it works, the other  saying it's worthless. 

 

This was the thing that I found the most surprising in this whole opinions. Because Judge Leon in Washington said " It's been proved that this hasn't stopped any terrorists attacks."  Judge Polly here in New York has a list of terrorist events, would be attacks that it was stopped. " I don't, I mean, that's just frankly²² a mistery to me and I hope that gets sort it out as this case proceeds because it's obviously very important question does this thing do any good.

 

Well, that's it. Final question then. It has to wind this way through the appellates. May be a year before it hits scotus, right? So knowing what you know of the bench, as the Supreme Court stays the way it's now. How do you think they come down on this?

 

I think they uphold it. You know, national security is something the judges take very seriously and they recognize that they don't have expertise²³ in this area, they defer²⁴ to the executive branch to the experts on this areas. And I think ultimately that's how it would turn out. Now, it may also be that President Obama modifies the program in some way on his own initiative. But the Courts, I think, will ultimately go the way of saying " We're not gonna interfere²⁵, this is a political question for executive branch." But as we seeing, different judges see it  differently and I could be wrong. It's happened before. 

 

I've been a fan to your work for a long time. It's great to share a set with you, Jeffery.

 

It's good to see you, Bill.

1 weir   

n.堰堤，拦河坝

参考例句：

• The discharge from the weir opening should be free.从堰开口处的泻水应畅通。
• Big Weir River,restraining tears,has departed!大堰河，含泪地去了！

2 versus   

prep.以…为对手，对；与…相比之下

参考例句：

• The big match tonight is England versus Spain.今晚的大赛是英格兰对西班牙。
• The most exciting game was Harvard versus Yale.最富紧张刺激的球赛是哈佛队对耶鲁队。

3 robust   

adj.强壮的，强健的，粗野的，需要体力的，浓的

参考例句：

• She is too tall and robust.她个子太高，身体太壮。
• China wants to keep growth robust to reduce poverty and avoid job losses,AP commented.美联社评论道，中国希望保持经济强势增长，以减少贫困和失业状况。

4 lawful   

adj.法律许可的，守法的，合法的

参考例句：

• It is not lawful to park in front of a hydrant.在消火栓前停车是不合法的。
• We don't recognised him to be the lawful heir.我们不承认他为合法继承人。

5 systematic   

adj.有系统的，有计划的，有方法的

参考例句：

• The way he works isn't very systematic.他的工作不是很有条理。
• The teacher made a systematic work of teaching.这个教师进行系统的教学工作。

6 high-tech   

adj.高科技的

参考例句：

• The economy is in the upswing which makes high-tech services in more demand too.经济在蓬勃发展，这就使对高科技服务的需求量也在加大。
• The quest of a cure for disease with high-tech has never ceased. 人们希望运用高科技治疗疾病的追求从未停止过。

7 retention   

n.保留，保持，保持力，记忆力

参考例句：

• They advocate the retention of our nuclear power plants.他们主张保留我们的核电厂。
• His retention of energy at this hour is really surprising.人们惊叹他在这个时候还能保持如此旺盛的精力。

8 querying   

v.质疑，对…表示疑问( query的现在分词 )；询问

参考例句：

• For example, this problem crops up frequently when querying databases. 例如，在查询数据库时，这一问题频频出现。 来自About Face 3交互设计精髓
• He was always querying subordinates. 他老是对他的部下盘根问底。 来自辞典例句

9 analyzing   

v.分析；分析( analyze的现在分词 )；分解；解释；对…进行心理分析n.分析

参考例句：

• Analyzing the date of some socialist countries presents even greater problem s. 分析某些社会主义国家的统计数据，暴露出的问题甚至更大。 来自辞典例句
• He undoubtedly was not far off the mark in analyzing its predictions. 当然，他对其预测所作的分析倒也八九不离十。 来自辞典例句

10 judicial   

adj.司法的，法庭的，审判的，明断的，公正的

参考例句：

• He is a man with a judicial mind.他是个公正的人。
• Tom takes judicial proceedings against his father.汤姆对他的父亲正式提出诉讼。

11 analyst   

n.分析家，化验员；心理分析学家

参考例句：

• What can you contribute to the position of a market analyst?你有什么技能可有助于市场分析员的职务？
• The analyst is required to interpolate values between standards.分析人员需要在这些标准中插入一些值。

12 amendment   

n.改正，修正，改善，修正案

参考例句：

• The amendment was rejected by 207 voters to 143.这项修正案以207票对143票被否决。
• The Opposition has tabled an amendment to the bill.反对党已经就该议案提交了一项修正条款。

13 precisely   

adv.恰好，正好，精确地，细致地

参考例句：

• It's precisely that sort of slick sales-talk that I mistrust.我不相信的正是那种油腔滑调的推销宣传。
• The man adjusted very precisely.那个人调得很准。

14 supreme   

adj.极度的，最重要的；至高的，最高的

参考例句：

• It was the supreme moment in his life.那是他一生中最重要的时刻。
• He handed up the indictment to the supreme court.他把起诉书送交最高法院。

15 precedent   

n.先例，前例；惯例；adj.在前的，在先的

参考例句：

• Is there a precedent for what you want me to do?你要我做的事有前例可援吗？
• This is a wonderful achievement without precedent in Chinese history.这是中国历史上亘古未有的奇绩。

16 rotary   

adj.(运动等)旋转的；轮转的；转动的

参考例句：

• The central unit is a rotary drum.核心设备是一个旋转的滚筒。
• A rotary table helps to optimize the beam incidence angle.一张旋转的桌子有助于将光线影响之方式角最佳化。

17 Founder   

n.创始者，缔造者

参考例句：

• He was extolled as the founder of their Florentine school.他被称颂为佛罗伦萨画派的鼻祖。
• According to the old tradition,Romulus was the founder of Rome.按照古老的传说，罗穆卢斯是古罗马的建国者。

18 obsolete   

adj.已废弃的，过时的

参考例句：

• These goods are obsolete and will not fetch much on the market.这些货品过时了，在市场上卖不了高价。
• They tried to hammer obsolete ideas into the young people's heads.他们竭力把陈旧思想灌输给青年。

19 violation   

n.违反(行为)，违背(行为)，侵犯

参考例句：

• He roared that was a violation of the rules.他大声说，那是违反规则的。
• He was fined 200 dollars for violation of traffic regulation.他因违反交通规则被罚款200美元。

20 kindly   

adj.和蔼的，温和的，爽快的；adv.温和地，亲切地

参考例句：

• Her neighbours spoke of her as kindly and hospitable.她的邻居都说她和蔼可亲、热情好客。
• A shadow passed over the kindly face of the old woman.一道阴影掠过老太太慈祥的面孔。

21 odds   

n.让步，机率，可能性，比率；胜败优劣之别

参考例句：

• The odds are 5 to 1 that she will win.她获胜的机会是五比一。
• Do you know the odds of winning the lottery once?你知道赢得一次彩票的几率多大吗？

22 frankly   

adv.坦白地，直率地；坦率地说

参考例句：

• To speak frankly, I don't like the idea at all.老实说，我一点也不赞成这个主意。
• Frankly speaking, I'm not opposed to reform.坦率地说，我不反对改革。

23 expertise   

n.专门知识(或技能等)，专长

参考例句：

• We were amazed at his expertise on the ski slopes.他斜坡滑雪的技能使我们赞叹不已。
• You really have the technical expertise in a new breakthrough.让你真正在专业技术上有一个全新的突破。

24 defer   

vt.推迟，拖延；vi.(to)遵从，听从，服从

参考例句：

• We wish to defer our decision until next week.我们希望推迟到下星期再作出决定。
• We will defer to whatever the committee decides.我们遵从委员会作出的任何决定。

25 interfere   

v.(in)干涉，干预；(with)妨碍，打扰

参考例句：

• If we interfere, it may do more harm than good.如果我们干预的话，可能弊多利少。
• When others interfere in the affair,it always makes troubles. 别人一卷入这一事件，棘手的事情就来了。