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View Full Version : Secret US spy court approved every request in 2015...



BaiHu
05-03-2016, 01:51 PM
Bushitler...

http://arstechnica.com/tech-policy/2016/05/secret-us-spy-court-approved-every-surveillance-request-in-2015/

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Peally
05-03-2016, 02:28 PM
Give it time, it'll get worse.

TGS
05-03-2016, 06:25 PM
I'll take a stab at this.....

Anything going up that high is already getting plenty of attention. It's fairly well groomed by the time it gets there, and the standards are fairly well known (so people already know what will and will not get accepted). It can generally look bad if something gets rejected in the federal judicial system, because it means you, your boss, your boss's boss, the AUSA, ect didn't do their homework.

The federal conviction rate is well over 90%. 93% overall average, I think. Some places are well above that. That doesn't mean the federal judicial system is corrupt and tyrannical, it means AUSAs typically won't take anything that isn't very juicy or isn't a sure win...and in many districts, there's more work than there is manpower to work it, so it isn't exactly hard to pick and choose.

So, apply that same concept here. That's my guess, not being directly involved with FISA.

At the very least, a simple number isn't something to get upset about without knowing the context. Correlation doesn't equal causation, that whole thing. Also noted in that article is that FISA modified 80 warrants, up from 19 the previous year.

To me, that sounds like more oversight, not less.

Gadfly
05-06-2016, 08:50 PM
That doesn't mean the federal judicial system is corrupt and tyrannical, it means AUSAs typically won't take anything that isn't very juicy or isn't a sure win...

To me, that sounds like more oversight, not less.

This. There are soooooo many levels of approval and scrutiny this has to pass before reaching that level. These are not done on a whim, these are vetted prestige cases...

BehindBlueI's
05-06-2016, 09:04 PM
I've been granted 100% of the search warrants I've requested, and only one has had to be modified to reduce the scope of the search (cell phone warrant). Other detectives in my office can't say the same. I know what the judge expects for PC and if I don't have it, I don't waste either of our time.

GardoneVT
05-06-2016, 09:10 PM
This. There are soooooo many levels of approval and scrutiny this has to pass before reaching that level. These are not done on a whim, these are vetted prestige cases...

Heck, that's true outside of the legal profession.

99% of my work that my boss sees is validated. That's because I don't walk to his desk with BS, and I work at a bank.