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Tuesday, November 8, 2011

postheadericon DOJ: Secret Interpretation Of PATRIOT Act Just Like Grand Jury Subpoena If You Ignore 'Factual Context'

A couple of months, Senators Ron Wyden and Mark Udall - who have been beating the drum on the interpretation of federal secrecy provisions of the Patriot Act - has asked the Department of Justice to stop pretending that was not a secret law. The Department of Justice as Assistant Attorney General Ronald Weich, responded (embedded below) and the answer can be summarized as follows:
No secret law is an interpretation of a public law classified.
As if that's different? The Department of Justice defends saying Without a doubt, the opinion of the FISA Court and decisions on the use of Article 215 and many other authorities are classified intelligence gathering. This is necessary because public disclosure of activities that would harm national security and prevent discuss the effectiveness of intelligence tools that Congress has authorized. This is the case with many other intelligence activities that our government through its history has been classified in the interest of national security. Since it is not possible to reveal these activities to the public, Congress and Senate Intelligence committees that Congress is able to fulfill its proper oversight function on behalf of the American people.

Sounds good, but it's really ridiculous. Nobody is asking the Department of Justice to reveal their intelligence activities

. They asked to reveal his secret interpretation of the law

. Even if we accept the assertion that the activities should be classified, the interpretation of the law must

never

secret.
The Department of Justice also maintains that because the intelligence committees are informed of their interpretation in secret, and extensions of the Patriot Act is going on anyway, that is proof that Congress is the secret of interpretation. Of course, as noted in the full Senate Wyden in the past, the problem is that the vast majority of Congress
have no idea how the Department of Justice In fact, the interpretation of the law. Extensions are building a simple reading of the law, and the obvious implication is that the Department of Justice is the interpretation of how the law beyond what the text seems to say.

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