FISA Follies & Trump’s Taxes (with Steve Vladeck)
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Understanding the Differences between Title III Wiretaps and FISA Surveillance
This chapter explores the disparities between wiretaps conducted under Title III in a criminal case and surveillance authorized under FISA. It compares the standards of probable cause required for obtaining a wiretap in a criminal investigation versus FISA surveillance, emphasizing the complex definition of a foreign power or agent. The chapter delves into the requirements for obtaining a FISA warrant, discusses the selection of judges for the Foreign Intelligence Surveillance Court, and raises concerns about potential biases and lack of oversight in the FISA application process.
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