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The Latest Stinky 702 Opinion Bodes Poorly for the Next One

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emptywheel
Because the FBI has been so slow in implementing the rules the FISC imposed on their back door searches, we're likely to see more bad news about them when the reauthorization currently being prepared is released months from now.
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Dead Flowers On Kentucky Derby Day

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bmaz
Hi there Trash Talk fans and fannettes, we are back. Personally, I think opening up B1G and SEC football is a declaration of pandemic war on society, especially in some seriously at high risk areas without the ICU resources to cover in a mass…
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Interpol Drops Red Notice against Yevgeniy Prigozhin Even Though US Charges Remain

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emptywheel
Some days ago, Russian outlets reported that Interpol had dropped its Red Notice for Yevgeniy Prigozhin, even though US charges against him remain.
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185,963

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Rayne
The White House can put all the spin on their "Zapuder tape" they want. It won't change the fact they have chosen to kill hundreds of thousands of Americans.
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Treasury Threatens to Prosecute Reporters Trying to Reveal What Rod Rosenstein and Richard Burr Would Not

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emptywheel
WikiLeaks supporters like to claim the May 2019 superseding indictment against Assange uniquely threatens journalism by treating routine journalistic activities -- such as requesting sensitive information -- as part of a conspiracy to leak.*…
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Why Read Old Books?

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Ed Walker
Why do we change our minds?
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[Photo: National Security Agency, Ft. Meade, MD via Wikimedia]
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Basaaly Moalin Wins His Appeal -- But Gets Nothing

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emptywheel
The 9th Circuit just declared the Section 215 dragnet exposed by Edward Snowden violated the Fourth Amendment.
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Andrew Miller Was [Probably] Questioned about Someone He Knew Under a Different Name

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emptywheel
In what appears to be Andrew Miller's FBI 302, the witness explains that he didn't know of one Stone associate via the name the Agents first asked about, but did know of the person under a different name.
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It's Not the Four Year Old Counterintelligence Investigation intro Trump We Need to Be Most Worried About -- It's the Ones Bill Barr May Have Killed

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emptywheel
Mike Schmidt's publicity tour has set off a debate about what happened to the counterintelligence investigation into Trump back in 2017. A far more urgent question is what Bill Barr did to counterintelligence investigations implicating Trump this year.
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Billy Barr Released Someone with a History of Conspiring from Prison to Home Confinement

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emptywheel
Manafort's ties with Russian intelligence (described in the Senate Intelligence Report) and his persistent efforts to communicate covertly from jail make Bill Barr's decision to release him to home confinement even less defensible.
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Billy Barr Signs a Memo That Wouldn't Have Helped Carter Page

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emptywheel
Bill Barr released a memo purporting to add to FISA oversight. There's nothing obviously offensive about this memo. But it would do little to prevent a repeat of the Carter Page problems. And it's not clear that it adds anything to the very real efforts to improve the FISA process at DOJ. Indeed, it may well be an effort to pre-empt more substantive concerns about the role of NSD (as opposed to FBI) in this process.
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Three Things: Breathing, Thinking, Mating and COVID-19

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Rayne
At least one of these three things are important to you, no matter your age. COVID-19 can affect one or more of them, and we don't yet know to what extent.
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Emmet Sullivan's "Appropriate Dispatch" May Extend past November 3

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emptywheel
The DC Circuit ordered Judge Emmet Sullivan to move with appropriate dispatch in resolving whether to dismiss Mike Flynn's case. But that still may drag the decision out past the election.
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DC Circuit Sends Flynn Back to Judge Sullivan's Courtroom

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emptywheel
Unless Mike Flynn appeals his unmerited Mandamus petition to SCOTUS, the Judge Sullivan can finally schedule his hearing to find out why DOJ flip-flopped on the Mike Flynn prosecution.
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Returning to Venue in the Peter Debbins Case

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emptywheel
The details laid out in accused Russian espionage recruit Peter Debbins' detention hearing suggest his actions extended beyond the January 2011 act laid out in his indictment.
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Trump Told One Key Truth at His Convention

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emptywheel
There's been a lot of focus on the deluge of lies that Trump told at his Convention. But that deluge amounts to performing one key truth: that he refuses, even in advance of an election, to be bound by democracy.
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Both Rod Rosenstein and Richard Burr Chose Not to Investigate Trump's Biggest Counterintelligence Vulnerability

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emptywheel
Mike Schmidt has a story describing that Rod Rosenstein led Andrew McCabe to believe that the Deputy Attorney General had tasked Robert Mueller to investigate the counterintelligence risk posed by Trump's financial vulnerabilities, even though…
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Franks A Lot

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bmaz
The warrant issue, whether FISC or Title III, was always about far more than Carter Page. And it bleeds into state courts as well when, as in a recent case NY turns Roviaro and Franks on their heads.
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Even after Learning the FBI Was Investigating, Trump Berated Flynn for Not Being Obsequious Enough to Putin

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emptywheel
Theresa May's one-time Chief of Staff, Nick Timothy, has now told his side of Trump's meltdown because Mike Flynn wasn't responsive enough to Vladimir Putin's January 21, 2017 call. At the time Trump had that meltdown, he knew the FBI was investigating.
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In the middle of all the 2020, Belarusians started fighting for themselves.

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Quinn Norton
The revolutions continue. Right now, the eastern European country of Belarus is weeks into street protests and strikes against the long and corrupt rule of Alexander Lukashenka, the main ruler Belarus has seen in the post-Soviet era, after he…
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