So any message involving, say, crypto the IGRC has had made for themselves would, BY DEFINITION, be a foreign comm.
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Replying to @emptywheel
I think msg btwn 2 foreign agents, both on US soil, is a domestic com, tho hunting for it would be a valid foreign intel purpose
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Replying to @charlie_savage @emptywheel
Trad FISA allows coll. of domestic communications, no? Domestic comm is only an issue under 702 bec no warrant.
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But Judge Bates opinion in 2011 still allows 702 collection of domestic communications if not known at the time.
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Replying to @granick
No evidence Bates knew at that point they weren't just using email/messaging IDs.
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Replying to @emptywheel
I'm not saying Bates approved this. But the chance of getting domestic comms doesn't clearly = FISA over 702.
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Replying to @granick @emptywheel
Purely domestic coms would be the most important ones to get. Why sacrifice? This is unique thing, paperwork no burden
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Replying to @charlie_savage
Good point. Tho would 2015 §702 min. procedures allow FBI to use dom. coms that have AFP sig? I think yes.
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I agree FISA makes most sense. But ultimately, FBI scanned all inc. Y! emails. That's wrong either way.
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Replying to @granick
Right: I think it's logical end result of earlier precedents that will really screw the govt on standing claims
@charlie_savage2 replies 0 retweets 1 like
Which will likely put this in a real court with real review of how those precedents got out of whack. @charlie_savage
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