Is this a new argument the USG is advancing? @emptywheel @Susan_Hennessey ?pic.twitter.com/BdAxpPyN6u
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Yup. That's the one I still need to read.
Muhtorov in Colorado too. Here's something @JameelJaffer wrote about this in 2014 when it surfaced https://www.theguardian.com/commentisfree/2014/may/14/nsa-eavesdropping-program-constitutional …
The defense is seeking notice of 12333 and 704/705b surveillance too based on the facts of the case.
And the government REALLY doesn't want to go the 704/705b route, these days, particularly given the timing.
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