This case from @emptywheel is pretty strong that the government is doing parallel construction
https://www.emptywheel.net/2017/10/16/evidence-the-us-government-used-section-702-against-keith-gartenlaubs-parents-in-law/ …
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Lawyers on the government side keep assuring me that parallel construction is illegal and not done.
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Incidentally, Bob Litt used to say parallel construction was totally legal. https://www.c-span.org/video/?c4537725/parallel-construction …
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@hrw has been researching parallel construction for 18 months. My conclusion is that it happens routinely & even daily cc@Robyn_Greene /1 -
... Although the government doesn't always use it to conceal intelligence sources or methods. /2
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Yes, I know. But it will always be used to hide 12333 and going forward will always be used to avoid notice on 702.
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I agree with you on 12333 and suspect you're right abt 702 as well. Congress shd include a stronger FISA notice req. in the 702 reform bills
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Yup. There was effort to make that happen. It would be a significant improvement on the bill and prolly necessary for real constitutionality
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100% agreed, and this is something for which
@hrw is actively pushing. I'd say the European Comm'n is also very aware of the notice problem. -
Yeah, hoping to get a post done on the provisions written for Europe. They may have more success than we do at reform.
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