Don't get me wrong. I think it's GREAT that Michael Mukasey probably just upended 40 years of FISA precedent. There are probably people at @NACDL screaming in joy right now.
But I bet folks at DOJ are ... not so happy.
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In Defense of Suspected Russian Agent Carter Page, Michael Mukasey Just Gave Defense Attorneys a Big Gift https://www.emptywheel.net/2018/02/05/in-defense-of-suspected-russian-agent-carter-page-michael-mukasey-just-gave-defense-attorneys-a-big-gift/ …
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It's unbelievable to me that in America people aren't allowed to have access to evidence being used against them.
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#AmericanExceptionalism baby!
though I suppose there are cases when revealing FISA application might be truly harmful to nat sec, i.e. if defendant is 1 of several willful spies of a foreign gov & the investigation is still ongoing -
Yes, but it seems like every time I hear natsec is being used and then information is released it turns out they were lying to cover up their crimes.
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don't know stats (
@ACLU might have some) but have no doubt natsec is abused in FISA apps (which have near-100% approval) & not disclosing them, same w many US gov overreaches btw, natsec is totalitarian regimes' go-to cover for abuses. I grew up in one
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"the public should get access to a carefully redacted copy of the FISA application and renewals" Whose agent is the government? Who is the sovereign? Who pays your salaries? Government of the PEOPLE, by the PEOPLE, for the PEOPLE. Unredacted.
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I think "Russian Agent" is putting a shine on a sneaker. He is the prototype "useful idiot".
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