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"In this case, the judges were not shown the evidence. " What evidence, precisely, do you think? As all the caselaw i cited says, bias is not evidence. The st
by DannyBee 9y ago
"In this case, the judges were not shown the evidence. "
What evidence, precisely, do you think? As all the caselaw i cited says, bias is not evidence. The standard for probable cause is not very high.
Fun fact: it's also not legally actionable, even if evidence was hidden, if it's likely the warrant would have been approved anyway.
"Again, an FBI officer is supposed to recuse if there is even the appearance of a conflict of interest. That's the legal standard. "
Please cite actual caselaw instead of bare assertions.
I'm aware of no caselaw that says this, and i'm a lawyer with a significant amount of knowledge about FISA warrants and FBI guidelines/rules.
The only regulations here are internal to the FBI (though published in the CFR i believe), which are not "a legal standard" and are 100% irrelevant to what they need to do in front of a court.
(also note that there is a separate set of FBI guidelines that are classified that cover certain types of investigations. I do not remember if they cover the investigation type that occurred here)