Oh really? I didn't see that (re only 1824 for second time), but let me think. Would be consistent (poss more so) with "going dark" on comms
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Replying to @AshaRangappa_ @emptywheel
Re parallel cases, yes it's possible. A CI agent would pass criminal info to trim side, and a *separate* squad/agent old open criminal case.
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Replying to @AshaRangappa_ @emptywheel
Criminal cases have their own investigative steps so they'd open the case and take it from there.
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Replying to @AshaRangappa_ @emptywheel
In my experience they would not "rely" on the CI case for further/continuing information/evidence for a few reasons.
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Replying to @AshaRangappa_ @emptywheel
First, it's actually not particularly easy to "share" FISA info with the criminal side. You don't just email it over. There is an
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Replying to @AshaRangappa_ @emptywheel
internal procedural, approvals, etc. Honestly it's only done in serious instances (which this would be) but IMO probably just to open case
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Replying to @AshaRangappa_ @emptywheel
Second, because FISA std is lower than for crim, using too much evidence from it is a risk. If I am Manafort's lawyer I am going to attack
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Replying to @AshaRangappa_ @emptywheel
not only basis of FISA itself, but if a lot of crime evidence is coming from it I'm going to accuse government of trying to end run 4th Amen
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Replying to @AshaRangappa_ @emptywheel
Third, I don't think criminal side would want to be at mercy of FISA, which can only continue if there is foreign intel coming in.
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Replying to @AshaRangappa_ @emptywheel
In short, too many issues involved in too much "coordination" between CI/crim, I think airtight crim case is best if it proceeds indept'ly
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