Bob Litt pitched what appears to be an EXPANSION of use of back door searches in criminal prosecution as a reform.http://www.salon.com/2015/02/05/fbis_rich_white_man_hypocrisy_how_new_policy_will_let_the_1_percent_skate_free/?utm_source=twitter&utm_medium=socialflow …
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Replying to @emptywheel
@emptywheel I think this is a mistake. They COULD always use 702 intercepts in all sorts of criminal cases; they just didn’t in practice.2 replies 0 retweets 0 likes -
Replying to @normative
@normative Did Litt give more details about past practice? PCLOB report said FBI sometimes used 702 in ordinary criminal cases.@emptywheel2 replies 0 retweets 0 likes -
Replying to @PatrickCToomey
@PatrickCToomey@emptywheel He distinguished between direct use of intercepts themselves & info “derived from”.1 reply 0 retweets 0 likes -
Replying to @normative
@normative@emptywheel If the new limitation is only on direct use, then it's not much of a limitation at all. Most cases will be derived.3 replies 0 retweets 0 likes
@PatrickCToomey Heck, I think even In Re Sealed Silberman would be laughing if he didn't have to keep straight face. @normative
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