virtually every post-9/11 CT initiative, to include detention, could have been more secretive & done with existing authorities...IMO
@robertcaruso Until separation of powers restored, correct. Reform will likely just chase everything offshore, given current tech realities
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@emptywheel I mean...I defer to you here but from my vantage pt (~decade) Art II is underused...authorities primarily rest on EOs, AUMF -
@robertcaruso In any case, I suspect, tho don't know, PCLOB will address these issues in 702 report. They're onto the 12333 issue. -
@emptywheel frankly, so much time has elapsed since 12333 sig & National Security Act ('47?!) that it's not unreasonable to move for refresh -
@robertcaruso Calling on AG to do that for other agencies (eg, for FBI use of domestic drones, IMO) was one of first things PCLOB did.
End of conversation
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