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FBI director admits they rarely have probable cause for using NSA collections

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Re: FBI director admits they rarely have probable cause for using NSA collections

#71

Earlier quoted context omitted.

This would be good, right up until it itself becomes as corrupted as the entities is prosecutes. The problem is that 'unconstitutional' is in the eye of the beholder. Take for example the classic "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.". Does this mean all gun control laws are unconstitutional or does it mean th…

First off, you are too late for any comment about the text to hold any water. 2008 Heller and 2010 McDonald settled that. It is an individuals right to keep and bear, not collective, never was. One term that came from Heller was “dangerous and unusual”, make note of the and. Next, well regulated never meant lots of regulations. It meant well trained and in good working order. 1800s Oxford dictionary.

In terms of setting precedent, this is accurate.

> It is an individuals right to keep and bear, not collective, never was.

Prior to 2008 it was. New SCOTUS precedent doesn't magically change the past.

> Next, well regulated never meant lots of regulations. It meant well trained and in good working order. 1800s Oxford dictionary.

The 1766 definition reads:

"Properly controlled, governed, or directed; subject to guidance or regulations."

Textualism/Originalism is just cherry picking things like this to justify the decision the majority was going to make anyways, which is why someone sought out just the right definition from just the right source from decades after the drafting of the 2nd amendment.

It's weird that they had to resort to this, because you could totally make a convincing case for private firearm ownership based on state militias and how they evolved. There's room for guaranteeing the individual ownership right under the Militia act of 1903 - any male aged 17 to 45 is eligible for "unorganized" state militia service unconnected to the various state-level military branches. That apparently is not their desired outcome, so one presumes this is why they did not pursue this avenue.

Re: FBI director admits they rarely have probable cause for using NSA collections

#72
post #52

Earlier quoted context omitted.

That’s insincere. Even if you truly believe a catastrophe may happen you may not be willing to risk life in prison because the President doesn’t like your bosses boss.

You really think in that case they'd be bound by the President's likes and dislikes? If the President or whatever court didn't let them out, there would be riots in the streets.

There are already riots in the street and it doesn't influence presidential decisions.

Re: FBI director admits they rarely have probable cause for using NSA collections

#73
post #68
post #52

Earlier quoted context omitted.

You really think in that case they'd be bound by the President's likes and dislikes? If the President or whatever court didn't let them out, there would be riots in the streets.

Nope, most successfully stopped attacks are secret. Nobody would even know.

There are or should be at least (bound by national security related laws) oversight review committees and stats reporting...

... but of course it depends on the standard for what 'prevented' means. De-radicalized a potential terrorist, does that mean a terror attack was stopped/prevented.

It's quite complicated in practice, alas.

Re: FBI director admits they rarely have probable cause for using NSA collections

#74

Earlier quoted context omitted.

This is literally what warrants and probable cause are for. Really shocking degree of impunity on display that he would have the balls to say this out loud, in public, on the record.

That is very calculated I think. If people let him get away with saying it, that's it, it's done, it's banalized, it's normal. That's a technique often used by toxic people. (Disclaimer: im no american)

Why do you have to disclaim that? It’s nothing to be ashamed of. I have friends that are also not American, and I’m even okay being seen with them in public. You can feel safe fully disclosing!

Re: FBI director admits they rarely have probable cause for using NSA collections

#75

"A warrant requirement would amount to a de facto ban, because query applications either would not meet the legal standard to win court approval" I hope that we get that de facto ban. It would be good for society.

watch as mass shootings go down when they have a harder time profiling patsies

Re: FBI director admits they rarely have probable cause for using NSA collections

#76
post #10

On the subject of FBI/NSA/CIA insincerity, that makes me think of various post-9/11 debates often involving "ticking bomb" Hollywood scenarios. I'd like to reiterate that any kind of "OMG there's no time we must stop the NYC WMD ASAP" scenario already has a special exception route: Just commit the necessary spying/theft/torture crime, and plan for a Presidential pardon after explaining the extraordinary circumstances…

That’s insincere. Even if you truly believe a catastrophe may happen you may not be willing to risk life in prison because the President doesn’t like your bosses boss.

[deleted]

Re: FBI director admits they rarely have probable cause for using NSA collections

#78
post #10

On the subject of FBI/NSA/CIA insincerity, that makes me think of various post-9/11 debates often involving "ticking bomb" Hollywood scenarios. I'd like to reiterate that any kind of "OMG there's no time we must stop the NYC WMD ASAP" scenario already has a special exception route: Just commit the necessary spying/theft/torture crime, and plan for a Presidential pardon after explaining the extraordinary circumstances…

That’s insincere. Even if you truly believe a catastrophe may happen you may not be willing to risk life in prison because the President doesn’t like your bosses boss.

If you can't justify that risk tradeoff, then it's probably not that catastrophic to begin with.

Re: FBI director admits they rarely have probable cause for using NSA collections

#79
post #68
post #52

Earlier quoted context omitted.

You really think in that case they'd be bound by the President's likes and dislikes? If the President or whatever court didn't let them out, there would be riots in the streets.

Nope, most successfully stopped attacks are secret. Nobody would even know.

No they're not. If our bloated "national security" apparatus could possibly justify its existence, it would. The reason they keep such justification secret is because it doesn't exist. It has nothing to do with "sources and methods." It has nothing to do with "civil unrest."

The reason we can't see the justification is because it doesn't exist.

Re: FBI director admits they rarely have probable cause for using NSA collections

#80

Earlier quoted context omitted.

This is literally what warrants and probable cause are for. Really shocking degree of impunity on display that he would have the balls to say this out loud, in public, on the record.

Who watches the FBI director?

TMK he reports to the DOJ that reports to the president. Wray->Garland->Biden
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