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re: Do you want Presidents to have the power to spy on political opponents?

Posted on 2/4/18 at 12:33 pm to
Posted by troyt37
Member since Mar 2008
13359 posts
Posted on 2/4/18 at 12:33 pm to
quote:

If the Federal Government wants to listen to my phone calls, read my text messages, or my emails - it needs to get a specialized warrant in a court in fricking public after a probable cause showing. The proceedings MUST be public because the only only only way to challenge the probable cause finding is through the adversarial process.


There has to be something in between what is happening now, and this. A public hearing and open process only means the jig is up to an actual terrorist. Whatever was being planned woll have to be executed by someone else, who isn't under suspicion. You're essentially saying we are only going to catch them after the fact, while the bodies are being counted. Depending on the severity of the attack, that could be a lot of bodies.
Posted by Wednesday
Member since Aug 2017
15550 posts
Posted on 2/4/18 at 1:07 pm to
quote:

A public hearing and open process only means the jig is up to an actual terrorist.


Search Warrants are obtained ex parte. They are challenged only after proceedings are brought after arrest.

An ex parte warrant, issued after an evidentiary, specific showing of probable cause can still be used to conduct surveillance and prevent crimes. Keeping technology secret, is no justification whatsoever for keeping a judicial power secret.

Star chambers are equally as dangerous to a free society as terrorists.
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