If interested reading in my statement for the record at SJC's 702 hearing, mentioned by @SenatorLeahy, it's here: http://bit.ly/27aVAZO
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Replying to @MiekeEoyang
@MiekeEoyang I read it. Archived it in my EndNote for Homeland Security. Are u open to a comment by a guy with modest IC & Law background?4 replies 0 retweets 0 likes -
Replying to @Tx_knight_flyer @MiekeEoyang
Yr paper was Gr8. Comment: FISC not an adversarial court. Problematic due to class products. Solution: Needs Ad Litem advocate
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Replying to @Tx_knight_flyer
They created a special advocate at the FISC, to argue the other side. But outsiders debate quality. Ask
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Replying to @MiekeEoyang @Tx_knight_flyer
Review of two uses so far. https://www.emptywheel.net/2015/12/03/how-fisc-amicus-preston-burton-helped-michael-mosman-shore-up-fiscs-authority/ … https://www.emptywheel.net/2016/04/22/former-top-holder-aide-says-back-door-searches-violate-fourth-amendment-fisc-judge-thomas-hogan-doesnt-care/ …
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Biggest problem so far is FISC has total control over scope of input, incl what they learn/when they're done.
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I still don't see how Olsen and Brand can reasonably argue it isn't rubberstamp.
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My defense of FISC: https://www.emptywheel.net/2015/11/04/the-fisa-courts-uncelebrated-good-points/ … It's largely judge dependent, I think Collyer will be bad @MiekeEoyang @Tx_knight_flyer
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FISC is non-optimal for enforcement when rights protection is dependent on which Judge
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