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

The Lawfare Podcast

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The Implications of the Government's Arguments

In those circumstances you just mentioned, bob, surely a court would allow you to have access to the data. Iht it wouldn't be a wall at all. You would just have to explain to a court that there is this hostage situation. So the question is not whether the government should have access to data in those kinds of circumstances. It's whether the government has access to those data in only those circumstances or whether it has free access to americans data.

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