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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Emptywheel Twitterverse
bmaz RT @tamarbirckhead: @JustADCohen @abfettig My new original research on juvenile solitary confinement across the globe. http://t.co/CeI9ZY3D
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bmaz @dmataconis Maybe, but I think the original purposes are still valid. Also think Musk is a whiny asshole.
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bmaz @dmataconis Actually original intent was to insure there are parts+service available locally for customers. And to provide local tax base
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bmaz @dmataconis Either way they can't be selective, which is what Musk desires. May be outdated, but there are good reasons to keep it.
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bmaz @kevinjonheller Really no need for trial either I should think.
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bmaz @emptywheel @wellsbennett Come on man, go easy of Wells. He has been overwhelmed with the new "Ask Wells Anything" feature at @lawfareblog
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bmaz @RobertsDan @lrozen At the complete trashing of procedural due process and substantive jurisdiction law, but what the hell, right?
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bmaz @ScottGreenfield @bobambrogi "Reinvent"™ the interview
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bmaz @chriskingstl @alicesperi I know push is on to say supports Wilson+cops, but no reason to bite off on that w/o noting both @JasonLeopold
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bmaz @chriskingstl @alicesperi Why do selectively "leaked" details support Wison's version any more than they do Dorian Johnson's? @JasonLeopold
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bmaz @JasonLeopold I have applied for the job. I insured them you will get NOTHING.
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bmaz @ddayen I presume you went as Mark Penn
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