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The NSA’s 5-Page Entirely Redacted Definition of Metadata
In my post on Rosemary Collyer’s shitty upstream 702 opinion, I noted that the only known (but entirely redacted) discussions of what constituted metadata were part of the 2004 and 2010 authorizations...
View ArticleA Dragnet of emptywheel’s Most Important Posts on Surveillance, 2007 to 2017
Happy Birthday to me! To us! To the emptywheel community! On December 3, 2007, emptywheel first posted as a distinct website. That makes us, me, we, ten this week. To celebrate, the emptywheel team has...
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Jack Goldsmith and Susan Hennessey Run Cover for Those Giving Jeff Sessions...
I’m used to Susan Hennessey partnering with Ben Wittes to write apologies for NSA and FBI that ignore known facts. I’m a bit surprised that Jack Goldsmith did so in this defense of Democrats — like...
View ArticleLast Month, Baked Alaska Got to Ditch His Ankle Bracelet
While I am probably missing a few examples, I can think of just two defendants that DOJ has voluntarily loosened release conditions for without some kind of purpose tied to employment: Jon Schaffer,...
View ArticleFormer Presiding FISA Judge John Bates’ Curious Treatment of White Person...
By chance of logistics, the men and women who have presided over a two decade war on Islamic terrorism are now presiding over the trials of those charged in January 6. To deal with the flood of...
View ArticleTerrorists in the Tunnel: The Omnibus Indictment for Officer Daniel Hodge’s...
One of the most spectacular assaults from January 6 was that charged against Patrick McCaughey for crushing Officer Daniel Hodges in a door. McCaughey was charged early — on January 19. Over time,...
View ArticleThe First Mike Flynn-Inspired Insurrectionist Sentenced to 44 Months in Prison
In his (successful) letter to John Bates asking for leniency, QAnoner Nicholas Languerand attributed his involvement in the dangerous cult to prominent people, most notably Mike Flynn. During this...
View ArticleSix Data Points about the CIA Dragnet
Last week, Ron Wyden and Martin Heinrich released a declassified letter they wrote last April, describing a CIA bulk program that had not been fully briefed to the Intelligence Committees, which...
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The Half of Trump’s Conspiracy to Obstruct JustSecurity Left Out: Inciting an...
Two days after Judge Amit Mehta ruled that it was plausible that Trump conspired with the Oath Keepers and Proud Boys, JustSecurity has posted an imagined prosecutor’s memo laying out the case that...
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The Error that Betrays Insufficient Attention to the Obstruction Standard in...
There’s a telling error in the January 6 Committee’s filing aiming to overcome John Eastman’s claims his emails are covered by Attorney-Client privilege. In the section asserting that Trump had...
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