It's going to take at least 4 mos to fight over whether Daoud's lawyer will get to test legality of NSA's dragnet. http://pdfserver.amlaw.com/nlj/usca7-daoud-order.pdf …
@BradMossEsq Sure. Just like Clement and torture.
Funny how SGs keep seeming to make false representations to SCOTUS.
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@emptywheel I actually believe NSD misled him. And that he now orders them to do what they were supposed to do -
@BradMossEsq Again, yes. Just like happened w/Clement and torture. Doesn't mean anyone has deemed 702 or any other exotic NSA stuff "legal" -
@emptywheel Programs are generally presumed legal until proven otherwise. -
@BradMossEsq Yes. And when DOJ fights tooth and nail to avoid any review, including lying to SCOTUS, they should lose presumption. -
@emptywheel This is basic federal civil practice. Annoying but standard. -
@BradMossEsq And very easy to game for the Exec. Which is why, civil procedure or not, people should not assume they're not doing so. - 1 more reply
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