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chronoss2009
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join:2008-09-23
kudos:2

they cant hand it over

they destroyed evidence YOU WILL SEE

amigo_boy

join:2005-07-22
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said by chronoss2009:

they destroyed evidence YOU WILL SEE
That's a possibility. I think the more realistic reason they're stalling is that the records show that the surveillance wasn't "certified" by the AG (as required by 18 USC 2511) between the year-long period when Ashcroft objected and was replaced by Gonzalez.

Remember Comey's testimony? Ashcroft refused to certify something for about a year. Comey said he was told it was certified anyway.

I suspect they want to avoid the constitutional question of whether 2511 strictly requires the AG to certify. Or, if it is a broader recognition of the Executive's power to surveill, and because the AG is a function of the Executive office, the Executive can certify.

Personally, I think that's what the civil-suit activists are after. They know something went awry for a year.

Mark

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