As I noted, release of Goldsmith memo serves notice fr Exec they believe they can do dragnet w/ or w/o any leg. http://www.emptywheel.net/2014/09/06/executive-still-hiding-its-phone-dragnet-self-authorization/ …
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@emptywheel If FISA is unconstitutional, does that mean all the FISC opinions are unconstitutional too?@charlie_savage@JameelJaffer -
@PatrickCToomey Do you have a venue in which to argue FISA is unconstitutional? Have at it, please!@charlie_savage@JameelJaffer -
@emptywheel It's the government's argument, yet it constantly points to FISA/FISC to say programs are legal.@charlie_savage@JameelJaffer -
@PatrickCToomey It also points to Congressional ratification. & 2C first court that has really doubted claim@charlie_savage@JameelJaffer -
@emptywheel Idea is that gov't can't have it both ways on FISA—call it unconstitutional, but also say that it makes programs legal. -
@PatrickCToomey Why not? You expect consistency? The courts don't.
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@emptywheel I'm not sure how that point relates to the incorrect point that Goldsmith memo=Congress is powerless re bulk domestic metadata -
@charlie_savage Yes. I know you don't understand. I'll write a post to try to explain. -
@charlie_savage actually doing 2 posts, the first ceding your point abt statute. But I got distracted.
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