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emptywheel's profile
emptywheel
emptywheel
emptywheel
@emptywheel

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emptywheel

@emptywheel

Abundant tweets about civil liberties & national security. "Has a longer memory than an elephant & keeps more records than Jim Comey.” Legendary potty mouth.

Grand Rapids, MI
emptywheel.net
Joined August 2008

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    1. Brad Heath‏Verified account @bradheath Sep 2

      Brad Heath Retweeted Lee Zeldin

      For example, FISA doesn't require (or even really contemplate) hearings before a court grants a wiretap application. If lawmakers are shocked by that, as some profess to be, they could of course change the law.https://twitter.com/RepLeeZeldin/status/1036071581699788802 …

      Brad Heath added,

      Lee ZeldinVerified account @RepLeeZeldin
      Wow. FISA court issued spying warrants targeting major party presidential campaign WITHOUT EVEN A HEARING! So much abuse, so little accountability. The people who want to be put back in charge of our great country want to just sweep it all under the rug & talk about none of it.
      57 replies 482 retweets 1,673 likes
      Show this thread
    2. Brad Heath‏Verified account @bradheath Sep 2

      To date, some lawmakers have professed to be shocked by many common features of federal aw enforcement: Ex parte warrant applications, the FBI using dodgy informants, early-morning searches, using informants, etc. But the shock has been confined to a single investigation.

      8 replies 322 retweets 1,237 likes
      Show this thread
    3. Brad Heath‏Verified account @bradheath Sep 2

      A test of whether they're as scandalized as they claim will be whether they're willing to change the rules for *other* people, too.

      4 replies 118 retweets 782 likes
      Show this thread
    4. Brad Heath‏Verified account @bradheath Sep 2

      There's a not-small constituency that's been pretty vocal about reigning in the federal government's law enforcement powers, and no shortage of examples of their being used in a heavy-handed way. But so far, Congress hasn't been particularly interested.

      7 replies 96 retweets 608 likes
      Show this thread
    5. Brad Heath‏Verified account @bradheath Sep 2

      Also worth thinking about what might have happened if the FISC had held a hearing before granting a Title I surveillance order against Carter Page. What would that have looked like?

      3 replies 43 retweets 293 likes
      Show this thread
    6. Brad Heath‏Verified account @bradheath Sep 2

      Page obviously wouldn't have been invited. The judge could have asked DOJ questions. But FISC judges have a different process for doing that, which it uses more often. FISC rules require DOJ to submit proposed applications; judges then can express concerns without a hearing.

      3 replies 37 retweets 264 likes
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    7. Brad Heath‏Verified account @bradheath Sep 2

      Could the judge have demanded additional evidence? Maybe. But the statute is pretty clear that the determination of whether the application supplies probable cause is to be made "on the basis of the facts submitted by the applicant." 50 U.S.C. § 1805(a)(2).

      1 reply 34 retweets 264 likes
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    8. Brad Heath‏Verified account @bradheath Sep 2

      Perhaps the judge could have decided this is an unusual circumstance and he'd hold the government to a higher standard? The statute doesn't really give a judge that discretion. 50 U.S.C. § 1805(a) sets a probable cause standard; if that's met, the judge "shall" issue the order.

      2 replies 35 retweets 255 likes
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    9. Brad Heath‏Verified account @bradheath Sep 2

      Perhaps the judge could have added some additional minimization procedures, or restricted the scope of the search. But FISC judges can (and apparently do) do that without holding hearings, and that part of the order is still sealed, so we have no idea whether it happened.

      3 replies 30 retweets 239 likes
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    10. Brad Heath‏Verified account @bradheath Sep 2

      Brad Heath Retweeted Lawfare

      And this ->https://twitter.com/lawfareblog/status/1036365633460596737 …

      Brad Heath added,

      LawfareVerified account @lawfareblog
      "How the FISA Court Really Works," the latest from David Kris: http://tinyurl.com/y9fdmkl7 
      6 replies 53 retweets 216 likes
      Show this thread
      emptywheel‏ @emptywheel Sep 2
      Replying to @bradheath

      Don't forget the "a judge could have raised concerns and threatened to get the amicus involved, after which the FBI would just take its toys and get a permissive magistrate to approve a wiretap instead."

      2:58 PM - 2 Sep 2018
      • 5 Likes
      • busticated November 6th 😖 😩Associate Monster Kavanaugh ☠️🎃🧟‍♂️👻 sedespres Basqueing Shark
      0 replies 0 retweets 5 likes

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