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It is much better, but what of the judges? They defended themselves here, but who's to say the FBI won't find judges that is favorable to their interests? I ass
by hood_syntax 10y ago
It is much better, but what of the judges? They defended themselves here, but who's to say the FBI won't find judges that is favorable to their interests? I assume it's not a different judge
- TheCowboy 10y ago> Now recipients can simply challenge a gag order by sending a letter to the FBI indicating they won’t agree to it without judicial review, and the burden is on the FBI to then convince a judge that the gag should be upheld. It's now closer to the territory of having to obtain warrants. Warrants can also be seen as subject to the same issue of biased judges, but at least you can now request judicial oversight by letter.
- hackuser 10y agoA legitimate problem, but what is the solution? At the end of the day, the decisions must be made by human beings, and they can be biased, influenced, etc. The judges are in an entirely separate, co-equal branch of government and they have lifetime appointments. The law empowering the FBI was made by another entirely separate, co-equal branch of government, whose members' jobs depend on their constituents votes in every district in the nation.
- zie 10y ago99.99% of Judges do not have lifetime appointments. I believe only the US federal supreme court has lifetime appointments, but it's possible some state supreme courts have lifetime appointments, but all the ones I've ever seen do not.