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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. Steve Vladeck‏Verified account @steve_vladeck Mar 2

      (Thread:) So far as we know, #SCOTUS has never heard a #FISA appeal. But the dispute pending in the FISA Court of Review over @ACLU's standing (& right) to seek public disclosure of secret FISC rulings could be a compelling candidate. The problem is how to invoke #SCOTUS's JX:

      3 replies 25 retweets 39 likes
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    2. emptywheel‏ @emptywheel Mar 2
      Replying to @steve_vladeck @ACLU

      If SCOTUS has never heard a FISA appeal then why did they change the law on that point in the 702 reauthorization? https://www.emptywheel.net/2017/10/20/technical-fixes-in-hjc-bill-suggest-scotus-may-have-reviewed-a-2015-fisa-application/ …

      1 reply 2 retweets 6 likes
    3. Steve Vladeck‏Verified account @steve_vladeck Mar 2
      Replying to @emptywheel @ACLU

      As I understand it, the changes were focused on the Court of Review, and both the timing of its review & its inherent authority. So the question is whether it's more plausible that #SCOTUS heard a secret appeal no one knows about, or whether the #FISCR did, prompting these fixes.

      2 replies 0 retweets 1 like
    4. emptywheel‏ @emptywheel Mar 2
      Replying to @steve_vladeck @ACLU

      Yeah, I think the delay in providing a record for its decision before sending to SCOTUS implies they had to send something to SCOTUS and got hung up on the immediate record. But thanks for the AFAWK!

      1 reply 0 retweets 3 likes
    5. Steve Vladeck‏Verified account @steve_vladeck Mar 2
      Replying to @emptywheel @ACLU

      Just to nerd this into the ground, even if #SCOTUS requested the record, that wouldn't establish that it took the case; the Justices often request lower-court records in _deciding_ whether to grant certiorari (or other forms of appellate relief).

      1 reply 0 retweets 1 like
      emptywheel‏ @emptywheel Mar 2
      Replying to @steve_vladeck @ACLU

      Oh, now there's a possibility I hadn't thought of. Which would explain why FISCR got authority of oversee compliance.

      7:52 AM - 2 Mar 2018
      • 2 Likes
      • Themistocles' Wall Steve Vladeck
      0 replies 0 retweets 2 likes

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