The objections are to non-disclosure, not to NSLs per se. RT @FranTownsend: Judge Strikes Down Surveillance Law http://on.wsj.com/Zw07BJ
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@emptywheel In criminal investigations EVERYTHING also has the POTENTIAL for abuse. It's not just intel cases. -
@AllThingsHLS Sure. But introducing it as evidence is where abuse often gets discovered.
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@emptywheel Agreed. But a whole lot of 6e evidence (FGJ) never gets introduced at trial.
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@emptywheel If POTENTIAL was the raison d'être for not doing invest there would be no preventions only reactive invest after bomb goes off -
@AllThingsHLS Doesn't follow. Few situations where having outside review is going to prevent investigation, esp w/emergency periods.
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@emptywheel I don't disagree. But in this case, I think the judge will be overturned, even in the 9th Circuit. -
@AllThingsHLS Esp in the 9th. But that has as much to do w/ them being cowed by SCOTUS as anything else.
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@emptywheel My personal opinion is that 90% of NSLs could be replaced by FGJ subpoenas. It is the 10% in the margins that are problematic -
@AllThingsHLS But all that's before you use NSLs for massive collection, tho I think that's moved on to 215 now. That's abusive, too.
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@emptywheel Believe me; No field FBI agent WANTS to do massive collection. NSLs are actually a royal pain-in-the ass. -
@AllThingsHLS I don't think field agents are the ones doing the hoovering.
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