Rather, the Administration based its argument on the scope of Judge Hatter's order, which it called "breathtakingly broad."
In fact, once off the bench Judge Hatter is extraordinarily genial.
Because it is under appeal, Judge Hatter said he would not comment on the case.
At the sentencing, Judge Hatter said, 'You cannot leave to a scientist the discretion of what should be classified.
Today, Judge Hatter scheduled a conference for July 18, and said he may set a trial date at that time.
In imposing a lighter sentence, Judge Hatter said he sympathized with the former agent's plight.
If there's any disparity," Judge Hatter said, "it should be the reverse.
In his ruling last week, Judge Hatter found both the interim policy and the later compromise unconstitutional.
"He used to say jokingly that if the golf balls came into his yard, they didn't even want him to throw them back," Judge Hatter said.
He was reinstated in January on Judge Hatter's orders.