The way I see it, The justice dept. did everything they could to avoid declaring martial law and suspending all liberties. They knew they would be in for criticism from the courts and have accepted it.
I think, in retrospect, they did the right thing. The suspension of liberties under martial law would have sent a shockwave through the world. The criticism is really mild IMHO.
Agreed on both points. I think they were willing to risk some convictions or indictment's being overturned due to their agressiveness in order to prevent attacks. Even if we let a few of the bad guys go they will be monitor.. they'll have no luck forming their cells back together. We busted them and their rings.. they'll have to start from scratch again. On the other side this is the right decision for the court to make now that I've thought about it a little more simply because this would be a huge violation of every american's civil liberties if the judge upheld it.