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 @Popehat: .@kcjohnson9 on reforms to campus sexual assault rules. Getting colleges out entirely would be a good idea-via @bmaz http://t…
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emptywheel @pwnallthethings The District judge reviews a very one-sided packet, yes. That's not testing PC. @MikeScarcella @csoghoian
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emptywheel @erinscafe Yeah, but what kind of movie would that make, really?
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bmaz @AllThingsHLS That's what I figured. Would have been nuts not to if you can.
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bmaz @adamgoldmanwp Actually kind of surprised the Phoenix Office is not in the red.; been some issues there over the years.
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bmaz KC Johnson: Rebalance the campus sex assault scales http://t.co/HKqpDyAUpe Excellent article. cc: @ScottGreenfield @Popehat
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bmaz @AllThingsHLS Good to hear. Fed policy from your better half?
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emptywheel .@davidshepardson No COUCHES!?!?! MSU is losing its edge. @MSU_Basketball @ChadLivengood
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emptywheel RT @davidshepardson: Police respond to disturbance in East Lansinng after @MSU_Basketball win via @ChadLivengood http://t.co/KYgHet7GW4
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emptywheel @pwnallthethings No no no. EVEN THAT never happens. Seriously, you know this! It's not how FISA works. Ever, @MikeScarcella @csoghoian
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