What if they created FISA advocate for FISA-implicated defendants who could review warrant/back door searches? @steve_vladeck
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Replying to @emptywheel
@emptywheel@steve_vladeck In a criminal proceeding?1 reply 0 retweets 0 likes -
Replying to @BradMossEsq
@BradMossEsq Yes. Reading PCLOB it's all the more clear this should be done in criminal proceedings. Or maybe not.@steve_vladeck1 reply 0 retweets 0 likes -
Replying to @emptywheel
@emptywheel@steve_vladeck What role would the advocate be designed to play? Who is the "client"? Open v closed proceeding? Tricky idea.3 replies 0 retweets 0 likes -
Replying to @BradMossEsq
@BradMossEsq Advocate argues to throw that all out in closed hearing.@steve_vladeck1 reply 0 retweets 0 likes -
Replying to @emptywheel
@emptywheel@BradMossEsq It's not that different from what Judge Rovner suggested with respect to Franks and#FISA in Daoud...4 replies 0 retweets 0 likes -
Replying to @steve_vladeck
@steve_vladeck@emptywheel Absent a Congressional rewrite, do you think the courts will go that route? Or will they to Posner's route?2 replies 0 retweets 0 likes
@BradMossEsq As Wald & Medine note, tho, Massie-Lofgren only covers what we just learned is least problematic back doors. @steve_vladeck
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