Also, holding my breath for the leaks about the various NSA tactics used to capture Guzman. ((0))
@BradMossEsq Which doesn't make them any less illegitimate. Indeed, THOSE leaks are what make entire system suspect.
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@emptywheel Executive is the ultimate classification authority (although judges can declassify too, IMO). -
@BradMossEsq According to the Executive's interpretation of Navy v. Egan. -
@emptywheel Unfortunately, with rare exceptions (like my De Sousa case) the courts have agreed -
@BradMossEsq Yes. There are rare exceptions, but until it gets challenged to SCOTUS Exec will operate on that claim. -
@emptywheel One of us has to get a viable claim to take that far. -
@BradMossEsq Yup. And it'd be two claims. Judges' claim, then plaintiff's claim.
End of conversation
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@emptywheel No dispute that selective leaking is a huge problem. But can't compare unauthorized leaks from legal standpoint -
@BradMossEsq No. Unauthorized leaks usu serve more legitimate purpose than authorized ones. I agree. No comparison.
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