Wait, you're working off PCLOB, not actual knowledge of any court cases? Also, no, that's not what PCLOB says. I could explain what happened w/the 8 defendants who got noticed, bc standard changed, but in perhaps just once case was it bc a suspect was first IDed via 702.
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Replying to @emptywheel @Marys_musings and
And there are a long list of defendants who clearly were but who never got 702 notice, including some for whom the warrant for content was obtained a year into the case.
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Replying to @emptywheel @Marys_musings and
Say, can you tell me where you got your belief that FISA is dealt with in the CIPA process?
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Replying to @emptywheel @qjurecic and
CIPA is the process by which any FISA info would be handled by the Ct. I just referenced CIPA because if you have seen any FISA info in a trial, it went through that process. I assume you haven't seen any suppression motion-related briefs.
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Replying to @Marys_musings @qjurecic and
Let me give you some apparently belated advice. Please don't make mistaken assumptions about what I've seen. It's a bad look for you.
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Replying to @emptywheel @qjurecic and
I've made no assumptions. I've asked you question and you made declaratory statements in response. You seem to be assuming that I don't know what I am talking about, but that's fine. More snark.
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Replying to @Marys_musings @qjurecic and
Have you ever used 702 in a case? Bc I've talked to the lawyers who've defended it. And covered those cases, in varying degrees of detail, personally.
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Replying to @emptywheel @qjurecic and
I don't discuss classified info. I hope nobody else did. I have been discussing the use rules & cited PCLOB because it's not classified. You referred to things you know (not what they are) & suggested DOJ is lying. That seems wrong to me. But I guess everyone has their thing.
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Replying to @Marys_musings @qjurecic and
Looking in PACER, even assuming you're the Mary Carney who has done the terrorism cases, I'm pretty sure the answer is no. Thanks for DOJ-splaining me about what the current standard is.
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Replying to @emptywheel @Marys_musings and
And, AGAIN, this is getting tedious. I'm not saying DOJ is lying. I'm saying the standard is NOT that you have to say where a lead came from. That's not lying. That's parallel construction.
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Once again: Have you ever used 702 in a trial? If you have, it is either one of the 8 cases where a defendant has gotten notice (not the case from a quick review of PACER) or you did not give notice.
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Replying to @emptywheel @Marys_musings and
Acknowledging there's now some reason to believe 2 defendants have gotten secret notice (both CT, if FBI can be believed).
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