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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/ …
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.
I've been hoping since the start of this nunes saga that it would inadvertently lead to increased scrutiny of FISA both from the right and left. It seems liberal centrists are the most vocal supporters of this terrible institution.
There is a reason to have FISA (though think a special court is no longer necessary). But there is not a reason to go 40 years w/o a single defendant getting to review his FISA application.
Yeah, I get why FISA makes sense in theory. I just don't see how it can be made compatible with constitutional democracy in practice. It's never been anything but an unaccountable rubber stamp for law enforcement.
The FISC is really not as bad as people make out. The FISA regime, however, is problematic.
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