To take your point a little further, one would think that in order to make such a claim, some Federal agency would have had to do a finding of fact to that effect.
And whether CFIUS followed or skirted the law in omitting such an investigation. Because as you point out, CFIUS wasn’t free to reach any conclusion they wanted, on any basis. They were constrained by the statute.
One thing I’d like to **re-**emphasize from the previous thread is why it’s important that they follow the law closely, why they do the required investigations, or be able to support why they didn’t have to. And that’s this:
There are some areas of debate where we Dopers can quickly bring ourselves up to speed on the pertinent facts. This really doesn’t seem to be one of them. I haven’t seen the workings of a major port, and probably no more than a few of the thousands of still-active posters have. And lacking that background, I suspect that there’s only so far we can go in figuring out how this deal really might affect our security.
We have to rely on experts.
And I’m sure that’s true of Bush, Rummy, Treasury Secretary Snow, and all the others who’ve been visible in their involvement with this on the Administration end.
So to some degree, we citizens have to substitute for our own ability to make an informed and accurate decision on this based on our own knowledge and wisdom, the knowledge that the Administration has had experts in the field examine the deal and verify that nothing bad is going to come of this.
If that thorough expert examination hasn’t been done, then we’re all thrown back on our rather inadequate judgments. Which is not the way it’s supposed to work in a case like this.