@emptywheel Fed courts here not secret. It's possible there is genuine faith in commission here. There are examples of success (eg 9/11 com)
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Replying to @Susan_Hennessey
@Susan_Hennessey They were until DOJ drew the unlucky straw of James Orenstein, would still be if not for that.1 reply 0 retweets 0 likes -
Replying to @emptywheel
@emptywheel Apple doesn't seem to be making the EDNY argument (it's as weak now as it was then).2 replies 0 retweets 0 likes -
Replying to @Susan_Hennessey
@emptywheel I think DOJ's CDCA claim that would have been challenged regardless of judge. Presuming Apple is being honest on equities.1 reply 0 retweets 0 likes -
Replying to @Susan_Hennessey
@Susan_Hennessey FBI got AWA orders pertaining to 3 iOS8+ phones before this one we wouldn't know about if not for Orenstein.1 reply 0 retweets 0 likes -
Replying to @emptywheel
@emptywheel I presume (but don't know) that Apple would have challenged whatever order emerged first if "won't write new code" was redline.1 reply 0 retweets 0 likes -
Replying to @Susan_Hennessey
@emptywheel Plus, you sort of intimate there is something improper about ex parte orders and compliance. But that's just the practice.2 replies 0 retweets 0 likes -
Replying to @Susan_Hennessey
@Susan_Hennessey I don't intimate that. I intimate that making policy decisions Congress has already ruled on in ex parte orders is improper1 reply 0 retweets 0 likes -
Replying to @emptywheel
@emptywheel Well since its so clear, it's a bit strange the no one ever made the CALEA preemption argument over course of a decade of orders1 reply 0 retweets 0 likes -
Replying to @Susan_Hennessey
@emptywheel Bunch of lousy lawyers, I guess...1 reply 0 retweets 0 likes
@Susan_Hennessey I'm cognizant both sides making conflicting claims about what happened in past, and therefore have less certainty abt it
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