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View Diary: Dick Durbin: Secret FISA court 'fixed,' 'loaded' (206 comments)

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  •  "Probable cause" may not be "proof" (6+ / 0-)

    ... but the Constitution does require that government investigators "particularly describ[e] the place to be searched, and the persons or things to be seized."  The request to seize "all emails" (thing) of "all persons domestic and foreign" on "all Internet servers" (place[?!]) probably wouldn't be "particular" enough if there were an advocate for The People somewhere in the process.  And OK'ing searches without warrants would also probably be questioned.

    Admittedly, Schiff and Durbin are kind of flailing, here, looking for a solution to the fact that the FISA court is a rubber stamp for aggressive, unrestrained law enforcement & surveillance state prosecutors.  Injecting an adversarial advocate in the warrant process is a thought....

    I wonder at judges being appointed by the Chief Justice rather than by the President, with Senate advice and consent, and think that changing that aspect of the FISA court's composition may be a more reliable means of balancing the arguments heard and values considered in the court's decision making.

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