Any analyst at any time can target anyone. Any selector, anywhere I, sitting at my desk, certainly had the authorities to wiretap anyone, from you or your accountant, to a federal judge, to even the President
Microsoft is in a court battle with the Department of Justice. The DOJ is saying, "We want information from your data center in Ireland. It's not about a US citizen, but we want it." Microsoft said, "OK, fine. Go to a judge in Ireland. Ask them for a warrant. We have a mutual legal-assistance treaty. They'll do it. Give that to us, and we'll provide the information to you in accordance with Irish laws."
People at civil-liberties organizations say it's a sea change, and that it's very clear judges have begun to question more critically assertions made by the executive. Even though it seems so obvious now, it is extraordinary in the context of the last decade, because courts had simply said they were not the best branch to adjudicate these claims - which is completely wrong, because they are the only nonpolitical branch. They are the branch that is specifically charged with deciding issues that cannot be impartially decided by politicians.
It's OK if we wiretap Osama bin Laden. I want to know what he's planning - obviously not him nowadays, but that kind of thing. I don't care if it's a pope or a bin Laden. As long as investigators must go to a judge - an independent judge, a real judge, not a secret judge - and make a showing that there's probable cause to issue a warrant, then they can do that. And that's how it should be done.
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