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emptywheel's profile
emptywheel
emptywheel
emptywheel
@emptywheel

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emptywheel

@emptywheel

Abundant tweets about civil liberties & national security. "Has a longer memory than an elephant & keeps more records than Jim Comey.” Legendary potty mouth.

Grand Rapids, MI
emptywheel.net
Joined August 2008

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    1. emptywheel‏ @emptywheel Jan 31

      .@OrinKerr on why the #ReleaseTheMemo argument won't matter legally.https://lawfareblog.com/dubious-legal-claim-behind-releasethememo …

      4 replies 9 retweets 15 likes
      Show this thread
    2. emptywheel‏ @emptywheel Jan 31

      Something those who observe CT cases closely have long suspected, btw, is that FISA orders against Muslim defendants OFTEN rely on evidence from paid consultants. Their motive is, in part, $$.

      3 replies 11 retweets 20 likes
      Show this thread
    3. emptywheel‏ @emptywheel Jan 31

      More problematic still, is suspicion that same consultant who fed FISA app gets called as "expert" (in CT cases, the term is often loosely applied) witnesses. Garbage in for $$, garbage out for $$. This is a real concern.

      1 reply 6 retweets 14 likes
      Show this thread
    4. emptywheel‏ @emptywheel Jan 31

      Whatever else you think about Christopher Steele (and I'm the left's biggest skeptic!) he's got more expertise than some of the consultants suspected of playing both sides in CT cases. And THOSE defendants never got FISA review. & Congress never gave a shit that they didn't.

      4 replies 5 retweets 18 likes
      Show this thread
    5. James DeSarno‏ @j_desarno Jan 31
      Replying to @emptywheel @OrinKerr

      Lost on defenders of Trump is the veracity of the underlying information. Would they defend a terrorist under the same legal arguments they are making?

      1 reply 3 retweets 6 likes
    6. emptywheel‏ @emptywheel Jan 31
      Replying to @j_desarno @OrinKerr

      Or Chinese-Americans, the *other* adversary nation FISA is used with all the time. Nunes' district is > 7% Asian. And yet he didn't seem to care abt them being disproportionately targeted under 702 when he pushed that through.

      1 reply 0 retweets 5 likes
    7. James DeSarno‏ @j_desarno Jan 31
      Replying to @emptywheel @OrinKerr

      They are unwittingly setting dangerous legal precedents. Nothing they seem concerned about.

      1 reply 1 retweet 3 likes
      emptywheel‏ @emptywheel Jan 31
      Replying to @j_desarno @OrinKerr

      Well, I happen to think the standard for review needs to move towards what Congress originally intended rather than what has been put into place. But I'm a softie that way.

      8:27 AM - 31 Jan 2018
      • 4 Likes
      • Pat Riot James DeSarno
      1 reply 0 retweets 4 likes
        1. New conversation
        2. James DeSarno‏ @j_desarno Jan 31
          Replying to @emptywheel @OrinKerr

          FISA without faith in the judicial is a scary hypothetical. Hence the concern about crackpot nominees being rammed through.

          1 reply 0 retweets 2 likes
        3. emptywheel‏ @emptywheel Jan 31
          Replying to @j_desarno @OrinKerr

          I have repeatedly defended FISC. But I also happen to think Rosemary Collyer is a dangerously bad FISA judge, possibly the worst for which we have public documentation.

          1 reply 0 retweets 1 like
        4. James DeSarno‏ @j_desarno Jan 31
          Replying to @emptywheel @OrinKerr

          I’ll take your word for it. In this case; however, I’ll take the word of Senator’s Burr and Warner that the unmasking was legitimate.

          1 reply 0 retweets 0 likes
        5. emptywheel‏ @emptywheel Jan 31
          Replying to @j_desarno @OrinKerr

          Oh, it's not unmasking here. It's the underlying FISA order. But by all reports, including an anonymous Byron York report, there were plenty of other sources to back the application. https://www.emptywheel.net/2018/01/30/byron-york-confirms-that-many-names-and-sources-implicated-carter-page-as-an-agent-of-a-foreign-power/ …

          1 reply 0 retweets 2 likes
        6. James DeSarno‏ @j_desarno Jan 31
          Replying to @emptywheel @OrinKerr

          My understanding is the foreign surveillance swept up Page et al. Concerning IC - unmasking protocol leads to FISA. Add Papadopoulos blab session. Add IC surveillance of cozy bear. Voila.

          1 reply 0 retweets 0 likes
        7. emptywheel‏ @emptywheel Jan 31
          Replying to @j_desarno @OrinKerr

          Flynn was incidentally collected, as were, probably, a bunch of others (and not just off Kislyak or even off just Russian targets). But Page was targeted himself. I suspect Papadopoulos implicates 702 (Facebook convos), but that's speculation.

          1 reply 0 retweets 1 like
        8. James DeSarno‏ @j_desarno Jan 31
          Replying to @emptywheel @OrinKerr

          Page had been a Russian asset target for years prior to Trump's rise.

          1 reply 0 retweets 0 likes
        9. emptywheel‏ @emptywheel Jan 31
          Replying to @j_desarno @OrinKerr

          Yes. I know.

          1 reply 0 retweets 1 like
        10. 3 more replies

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