Over the weekend I tried to explain to former NSA lawyer @Susan_Hennessey what "shall" means.
https://www.emptywheel.net/2017/10/15/ben-wittes-and-susan-hennessey-endorse-judicial-lawbreaking/ …
Let me boil it down: Congress tried gently introducing better review into FISC decisions. Collyer refused that. Now they're trying directly.
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Susan suggests Congress, which created this court, doesn't have the discretion to tell the court to do a better job.
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That’s where she’s right. I never said I don’t know about the issues. I’m saying I’ll read every damn iteration of the statute.
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But the statute directing exactly how an independent judge will review something is a problem. It’s a separation of powers issue.
End of conversation
New conversation -
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