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Lawfare Archive: Jameel Jaffer, Bob Litt, and William Banks Debate FISA

The Lawfare Podcast

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The Anesa Shouldn't Lose in the Supreme Court

i think we both agree that how you frame the question matters. What's going to matter in the supreme court is the same thing at matters in the lower courts. It matters not whether the courts come to this thinking that this is a case about whether smith versus maryland should be limited, or whether smith vs Maryland should be extended. And i ultimately, you have to decide for yourself whether you think that the smith case, which again, involved target and surveilance directed at a single person over three days, whether in that case, the supreme court was really thinking that it was deciding the kind of issue that's presented to dayo.

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