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Same article: "In a following letter Walton stated that the government had revamped 24.4% of its requests in the face of court questions and demands in time fr
by lern_too_spel 3y ago
Same article:
"In a following letter Walton stated that the government had revamped 24.4% of its requests in the face of court questions and demands in time from July 1, 2013 to September 30, 2013."
"When [the Government] prepares an application for [a section 215 order, it] first submit[s] to the [FISC] what's called a 'read copy,' which the court staff will review and comment on. [A]nd they will almost invariably come back with questions, concerns, problems that they see. And there is an iterative process back and forth between the Government and the [FISC] to take care of those concerns so that at the end of the day, we're confident that we're presenting something that the [FISC] will approve. That is hardly a rubber stamp. It's rather extensive and serious judicial oversight of this process."
https://www.stanfordlawreview.org/online/is-the-foreign-intelligence-surveillance-court-really-a-rubber-stamp/ https://www.stanfordlawreview.org/online/is-the-foreign-inte... explains why the final win rate is so high and that it is exactly in line with other ex parte court orders:
"Title III statistics strongly support the basic prediction that a lopsided win rate is a general feature of ex parte proceedings, not a unique characteristic of the FISC. Between 1968 and 2012, state and federal agencies made 50,419 requests for Title III wiretaps, and federal courts approved 99.93% of these requests."
"Ultimately, we should care about the substance of what the court approves, not the frequency with which it does so. And if the substance of what the court does affects how the government selects applications, there’s no reason to think FISC reforms will change the win rate."
That substance is reviewed by Congress.