1/ Unfair to imply crass dismissal of FBI needs as “not my problem.” No one told FBI it’s OK to search for Americans it can’t legally targethttps://twitter.com/Susan_Hennessey/status/915201852513415170 …
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2/ if they turn up in oceans of US comms acquired (a) unintentionally, in pursuit of (b) other (c) reasonably chosen (d) foreign targets.
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3/ Purposely searching for Americans in that bucket without warrant isn’t “targeting,” FBI says, because law restricts only new collection.
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4/ We can’t seem to test that legal claim in court. We can say it’s unjustly intrusive. And Congress can cure legal overreach by statute.
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Replying to @bartongellman
Sr govt officials said at a briefing that the fed courts have settled the issue-no warrant required to query data lawfully collected once.
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But no defendant has been able to challenge it (bc almost none have gotten legally obligated 702 notice), and OR said it'd be close call.
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