Eatna Health
How much clearer could that be? Directly contrary to Rockefeller's claims, federal courts are not only able, but required ("shall"), to review in secret any classified information -- including evidence over which a "states secrets privilege" has been asserted -- in order "to determine whether the surveillance of the aggrieved person was lawfully authorized and conducted." Federal courts already have exactly the power that Rockefeller dishonestly claims they lack.
Moreover, even if that provision didn't exist (and it does), and even if Rockefeller were telling the truth when claiming that telecoms were unable to submit exculpatory evidence to the court (and he isn't), then Congress could just easily fix that problem in one day. All they have to do is amend FISA to make clear that telecoms do have the right to submit such evidence to defend themselves notwithstanding the President's utterance of the all-powerful magic
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