3min chapter

The Lawfare Podcast cover image

Lawfare Archive: The Case For and Against a FISA Advocate

The Lawfare Podcast

CHAPTER

I Think the Government Would Be Reluctant to Agree to a Faccess Rule if It Were Outside of Government

Salemiga: The advocate position needs to be truly adverse to the governen's position. He says it should have full access to a classified material necessary to inform the court. Salemiga adds that an institutional advocate who was housed within either an equivalent of a federal defender's office or a d o j n s d division would be inherently less trustworthy than the lawyers themselves.

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