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I was addressing the point that you seemed to be raising that accused should get to challenge a warrant in court before it is issued. Anyway, separately from t

I was addressing the point that you seemed to be raising that accused should get to challenge a warrant in court before it is issued. Anyway, separately from that, what is your position on the statement that for certain types of evidence and cases in progress, the accused should not be allowed to see the specific evidence (and methods of collection used) against them, because it would compromise compelling national security considerations? How about if it were to be unsealed after some amount of time when the need for security of the collection mechanism(s) were to have expired?

pclmulqdq 3y ago
I never said that the accused should get to challenge a warrant in court before it is issued. I said that the accused should get to "challenge the validity of the warrant." Challenges against warrants always happen after the fact. FISA court warrants can't be challenged at all, before or after the warrant is issued. There are no legitimate "national security considerations" if you're going to use that information to try to take away someone's rights. Their security from the nation outweighs the supposed security of the nation against any supposed adversary that might use that information against the US. If they want to use any information to get a warrant, the relevant investigator would have to narrow the evidence they use in court to what is okay to reveal - they do that anyway on normal warrants. Also, why would there be national security considerations on evidence against particular individuals anyway? Finally, waiting until unsealing to allow someone to fight a warrant would take too long. Documents tend to take over 20 years to be unsealed, which would mean that an innocent person could sit in prison for their entire adult life while waiting to fight an illegally obtained warrant. No.

pclmulqdq 3y ago

I never said that the accused should get to challenge a warrant in court before it is issued. I said that the accused should get to "challenge the validity of the warrant." Challenges against warrants always happen after the fact. FISA court warrants can't be challenged at all, before or after the warrant is issued. There are no legitimate "national security considerations" if you're going to use that information to try to take away someone's rights. Their security from the nation outweighs the supposed security of the nation against any supposed adversary that might use that information against the US. If they want to use any information to get a warrant, the relevant investigator would have to narrow the evidence they use in court to what is okay to reveal - they do that anyway on normal warrants. Also, why would there be national security considerations on evidence against particular individuals anyway? Finally, waiting until unsealing to allow someone to fight a warrant would take too long. Documents tend to take over 20 years to be unsealed, which would mean that an innocent person could sit in prison for their entire adult life while waiting to fight an illegally obtained warrant. No.