The appeals court said that Whitman had based her information on contradictory information and statements from President Bush. The U.S. Department of Justice had argued that holding the agency liable would establish a risky legal precedent because future public officials would be afraid to make public statements. Judge Deborah Batts had previously declined to dismiss Whitman as a defendant, saying that her actions were ``conscience-shocking''.
Deborah Batts
Whitman