Does anybody have some coping mechanisms for tomorrow's HPSCI hearing, which is sure to be a shitshow, but which I have to watch?
@youbsanctioned Part of my point is that NSA & FBI are exposed to at least SOME review by courts. Not so those data crunchers who designate
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@emptywheel you can also file claims under the Administrative Procedures Act, but lets just say the deck is stacked against you. -
@youbsanctioned That's what ACLU trying to challenge no fly under. Sort of big problem, no? This no-review designation? (But you knew that) -
@emptywheel Then again, I don't agree with the European model where classified info needs to be provided to designee. -
@youbsanctioned What would be the appropriate method? -
@emptywheel along with certain standards about whats provided to defendant. No more having to appeal FOIA decisions to find out the stuff -
@youbsanctioned Sounds like a good start. Do you think there's a fair standard used for designations? No-fly and terror at times bogus. -
@emptywheel For the most part yes, though its hard to tell when all you have to go on is an OFAC press release and some open source. -
@youbsanctioned So it's like Gitmo lawyers pre-habeas? That standard of evidence? - 1 more reply
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@emptywheel not entirely true though@FerrariLegal would give you a more complete answer than me. -
@youbsanctioned So the data crunchers' work can get reviewed by a court? That's good--in what situations?@FerrariLegal -
@emptywheel "arbitrary and capricious"@FerrariLegal -
@youbsanctioned & that's true across OFAC designations? Any idea whether OFAC using different kinds of intel for, say, Cuba?@FerrariLegal -
@emptywheel intel is intel, they use what they have. There's no limit as to what can be used for designation.@FerrariLegal
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@emptywheel at least when it comes to OFAC designations, the is the administrative reconsideration process which has no court involvement -
@youbsanctioned And there's an Admin reconsideration for DHS, too, right? -
@emptywheel Unfortunately I'm not familiar with DHS procedure.
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