Ashcroft, Comey, Goldsmith, and Baker: “All” Is the “Best” Reading of “Relevant”

Four MusketeersTowards the end of the Memorandum of Law in support of the Internet dragnet — which was signed by those guys ———-> — DOJ makes a claim that its reading of “relevant” to mean “almost all” was the best possible reading.

Here, by contrast, reading the term “relevant” to permit the collection of this critical information during wartime is a construction rooted in the text that requires no stretching of the ordinary meaning of the terms of the statute at all. In fact, for all the reasons outlined above, interpreting section 402 to authorize the collection the Government has requested in the best reading of the plain terms of the Act.

This is why you should not have secret courts.

I get making an aggressive push to authorize dragnet surveillance.

I get mining old and foreign dictionaries to come up with a definition that suits your needs.

But after you’ve made your best ditch effort to stretch the meaning of words, secretly, beyond all recognition, don’t then, secretly, pat yourself on the back pretending that wasn’t the game you just pulled.

But hey. Who’s the chump? After all, we now know that Misters Ashcroft, Comey, Goldsmith, and Baker pulled this off.

Yet no one is making any effort to put the English language back on some kind of sane footing. Nothing in any of the “reform” efforts before Congress attempts to put sanity back into the word “relevant.”

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5 Responses to Ashcroft, Comey, Goldsmith, and Baker: “All” Is the “Best” Reading of “Relevant”

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bmaz @ggreenwald @BradMossEsq @MonaHol Why did no one file a Habeas in Fed Ct? Question left completely unaddressed by the New Yorker.
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emptywheel Hiding Yahoos: ORCON and the FISC Special Advocate http://t.co/Ce4RmQDc0Z
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bmaz @JustADCohen Graves is successor. It will never end.
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bmaz @JustADCohen I worked on a piece of Hart v Hill when I first started as a lawyer. That was nearly 30 yrs ago and case was already 10 yrs old
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bmaz If true RT @JGreenDC Whoa @imillhiser @TPM
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bmaz Wherein @ScottGreenfield takes a sartorial, yet unquestionably positive, look at @DavidLat's book "Supreme Ambitions" http://t.co/dXJiOaG5JS
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emptywheel RT @ggreenwald: From Bagram & Gitmo to UK, War on Terror critic @Moazzam_Begg has spent 3.5 years in detention- convicted of nothing https:…
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emptywheel Congratulations to Roger Goodell, who lasted long enough to start slathering over NFL's treatment of domestic abuse with pink ribbons.
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emptywheel Proposed bill: Declare foreverwar that'll indefinitely place Const & any ability to fund domestic progs on hold http://t.co/ZoL27MW2V0
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bmaz Interesting take by @jacklgoldsmith on Koh's defense of Obama Forever War. All now agree protecting war more impt than prtcting Constitution
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bmaz RT @ddayen: FHA rules allow lenders to buy defaulted loans and flip them, gaining $428 million on the sale in 2013 http://t.co/zPcDSXTbXV
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emptywheel @VindalooTitan If they altered taxation, tho, it would make these trade-offs visible. It'd end the fiction of the free war. @DavidCUnger
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