virtually every post-9/11 CT initiative, to include detention, could have been more secretive & done with existing authorities...IMO
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Replying to @robertcaruso
@robertcaruso Congress specifically defunded DOD doing precisely the kind of analysis the phone dragnet does.2 replies 1 retweet 0 likes -
Replying to @emptywheel
@emptywheel we don't disagree Marcy; what I'm thinking out loud about is diff justifications u (admin) could make w/o FISA (pls poke holes)4 replies 0 retweets 0 likes -
Replying to @robertcaruso
@robertcaruso Does existence of PRISM/702 mean you need to get all Google content from it? What if you don't?1 reply 2 retweets 0 likes -
Replying to @emptywheel
@emptywheel that's where I'm going with this yeah, w/o impugning anyone in spt of reform it may be impossible in practice (process, etc)1 reply 0 retweets 0 likes -
Replying to @robertcaruso
@robertcaruso Until separation of powers restored, correct. Reform will likely just chase everything offshore, given current tech realities1 reply 0 retweets 0 likes -
Replying to @emptywheel
@emptywheel I mean...I defer to you here but from my vantage pt (~decade) Art II is underused...authorities primarily rest on EOs, AUMF2 replies 0 retweets 0 likes
@robertcaruso Agree. Hard to get some of this in Article III. But if you don't you gotta leave those 19 yo wannabes running the streets.
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