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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. matt blaze‏Verified account @mattblaze 16 May 2013
      Replying to @OrinKerr

      @OrinKerr @declanm Seems like "he shot him 8 times" vs. "no, only 4 times". (Tho I'd much rather have my phone recs seized than shot).

      1 reply 1 retweet 0 likes
    2. Orin Kerr‏Verified account @OrinKerr 16 May 2013
      Replying to @mattblaze

      @mattblaze @declanm When policy balances two interests, isn't the scope of records obtained very relevant? Or do you object to balancing?

      3 replies 0 retweets 0 likes
    3. emptywheel‏ @emptywheel 16 May 2013
      Replying to @OrinKerr

      @OrinKerr @mattblaze @declanm Also, isn't it job of courts to balance interests? Biggest complaint is DOJ made sure AP couldn't appeal to 1

      1 reply 1 retweet 1 like
    4. Orin Kerr‏Verified account @OrinKerr 16 May 2013
      Replying to @emptywheel

      @emptywheel @mattblaze @declanm The courts are open; the AP just lacks a legal cause of action. Courts not in charge of every policy, yet.

      2 replies 0 retweets 0 likes
    5. emptywheel‏ @emptywheel 16 May 2013
      Replying to @OrinKerr

      @OrinKerr AP wouldn't have had a cause of action if DOJ had given them notice of the subpoena? @mattblaze @declanm

      1 reply 0 retweets 0 likes
    6. Orin Kerr‏Verified account @OrinKerr 16 May 2013
      Replying to @emptywheel

      @emptywheel AP has no cause of action based on what actually happened. Do you disagree? @mattblaze @declanm

      2 replies 0 retweets 0 likes
    7. emptywheel‏ @emptywheel 16 May 2013
      Replying to @OrinKerr

      @OrinKerr Currently? They say they may try. But do you disagree they would have had notice been given? @mattblaze @declanm

      1 reply 0 retweets 0 likes
    8. Orin Kerr‏Verified account @OrinKerr 16 May 2013
      Replying to @emptywheel

      @emptywheel @mattblaze @declanm They say they may try based on what? What legal claims do they have?

      4 replies 0 retweets 0 likes
    9. emptywheel‏ @emptywheel 16 May 2013
      Replying to @OrinKerr

      @OrinKerr But it also seems if anyone is indicted based on this, there'll be ample reason to challenge AP-tied evidence @mattblaze @declanm

      1 reply 0 retweets 0 likes
    10. Orin Kerr‏Verified account @OrinKerr 16 May 2013
      Replying to @emptywheel

      @emptywheel @mattblaze @declanm On what ground?

      3 replies 0 retweets 0 likes
      emptywheel‏ @emptywheel 16 May 2013
      Replying to @OrinKerr

      @OrinKerr For one, DAG Cole didn't have documented authority to sign off on subpoenas. @mattblaze @declanm

      10:51 AM - 16 May 2013
      1 reply 0 retweets 0 likes
        1. New conversation
        2. Orin Kerr‏Verified account @OrinKerr 16 May 2013
          Replying to @emptywheel

          @emptywheel @mattblaze @declanm Obviously no exclusionary remedy, though; that would be a frivolous claim.

          1 reply 0 retweets 0 likes
        3. emptywheel‏ @emptywheel 16 May 2013
          Replying to @OrinKerr

          @OrinKerr Libby's lawyers did not badly w/a much weaker claim on simialr delegation problems. @mattblaze @declanm

          0 replies 0 retweets 0 likes
        4. End of conversation

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