@emptywheel Your pt was that Goldsmith cited Smith for 4A, so Congress is powerless. You are wrong bc Goldsmith ALSO said FISA/TIII trumped.
@charlie_savage I'll go figure out where it shows up then. Pretty sure it's somewhere in these docs.
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@emptywheel this version is keyword searchable https://www.documentcloud.org/documents/1284222-olc-stellarwind-may-2004.html … -
@charlie_savage Hmm. And all the ones he mentioned were between US and places of war. But Yoo's 10/23/04 opinion authorizes DOD w/in US. -
@emptywheel He does talk about systematic wiretapping in WW2, including by FBI and Secret Service on US soil. But that's still not bulk. -
@charlie_savage "control all other telecommunications traffic in and out of the United States" is definition of bulk, isn't it? -
@emptywheel I agree that sounds more like bulk, yes. Though it's international coms, not purely domestic coms. -
@charlie_savage Right--that's the distinction I was making before. That intl nexus gets you to content in bulk.
End of conversation
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