Why @OrinKerr's @VolokhC defense of yesterday's CA2 #NSA ruling (https://www.washingtonpost.com/news/volokh-conspiracy/wp/2015/10/29/second-circuit-declines-to-reach-fourth-amendment-issues-in-bulk-metadata-program/ …) utterly fails to persuade:https://www.justsecurity.org/27199/orin-kerrs-unconvincing-defense-yesterdays-circuit-non-ruling/ …
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Replying to @steve_vladeck
@steve_vladeck I don't think you understood my post, Steve.1 reply 0 retweets 0 likes -
Replying to @OrinKerr
@steve_vladeck Hanging your hat on the "purging of records" claim is interesting. Perhaps p CA2 should have just said it's not a 4A remedy.1 reply 0 retweets 0 likes -
Replying to @OrinKerr
@steve_vladeck But they still wouldn't have had to reach the merits, which is (I think) what you really wanted them to rule on.1 reply 0 retweets 0 likes -
Replying to @steve_vladeck
@steve_vladeck Assuming the program is continuing until then (I don't know what the status is day-by-day). But so what?3 replies 0 retweets 0 likes -
Replying to @OrinKerr
@OrinKerr Even NSA's privacy officer knows how many hours they have left b4 Nov 29. Assume it is day-to-day active.@steve_vladeck1 reply 0 retweets 0 likes -
Replying to @emptywheel
@emptywheel So they do the transition instantaneously when program expires? (Real question -- I don't know.)@steve_vladeck3 replies 0 retweets 0 likes
@OrinKerr Again, I find it remarkable we don't know what Burton is reviewing for. @steve_vladeck
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