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Living Room / Re: Knight to queen's bishop 3 - Snowden charged with espionage.
« Last post by TaoPhoenix on August 22, 2013, 03:40 PM »Update: In response to EFF's FOIA lawsuit, the government has released the 2011 FISA court opinion ruling some NSA surveillance unconstitutional.-TaoPhoenix (August 22, 2013, 02:09 AM)
...So...isn't that the same FISA court that was giving - Instead of Just Saying No.. - them the warrants to do the sneaky unconstitutional stuff in the first place?
-Stoic Joker (August 22, 2013, 06:43 AM)
Yes, though that's why I called it a knight fork, aka a move that creates new avenues in different areas. So by "wiggle", that includes the original permission, casting doubt on the court itself. But it's also an area where indeed the U-Word showed up, and I don't believe they can hold together the argument that the court was "unauthorized to use the U-Word" because that just sinks their whole board position. It's still tight, but they can wiggle the original permission, but this might be the (delayed) answer to that. In other words, they allowed it, running a very tight argument of "you didn't ask if that is even allowed, so we didn't rule on that then".
I'm scrambling the terminology a bit, but it's like they had a "lower court hat" on to do the original permission, then a "high court hat" on the review. But that's just a vague guess. Really, this new ruling makes their side much stickier to "logically" hold. It nudges them close to a tyrannical caricature, which is generally more brittle and one day breaks sooner.

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...So...isn't that the same FISA court that was giving - Instead of Just Saying No.. - them the warrants to do the sneaky unconstitutional stuff in the first place?

