In Higazy-gate, Bashman 1: Volokh 0

I am not just saying this because Bashman linked to me, but since he has emerged as a hero of the First Amendment, I still wonder why Eugene Volokh is. After all if Professor Volokh fancies himself some kind of First Amendment scholar, you think he would be all over Higazy-gate. I mean, this case has everything: 1) The First Amendment as applied to the courts; 2) torture; 3) summary judgment; 4) national security; and 5) the First Amendment as applied to bloggers.

Then, a commentator points out: Volokh probably thinks that keeping silent on this issue will help secure him a judgeship. Is this the case?