If 9th Circuit rejects "foreign intelligence exception" but upholds case on other grounds, could that lead to new challenge to 702 in FISC?
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Oh, probably not. It's the weird precedent thing again. I don't think Circuits or FISC really have to care what the other says
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That's not what DOJ said after ACLU v. Clapper to FISC. FISC is partial to being treated like appeals court, unsurprisingly
End of conversation
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