I hate that groups like the ACLU have to defend nazi scum to protect my liberties. Better that the government not violate our rights in the first place, but in lieu of that, even nazi scum is subject to the same rights and due process as any other citizen. However, I wouldn’t mind if they got pantsed a couple of times by their lawyers.
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This is an odd test case. Not only is the defendant unsympathetic, the circumstances seem to be exactly what section 702 was intended for.
Whatever information was obtained through FISA (if it was), wasn’t used as evidence against this guy. So they can’t even prove that the Nazi was subject to a FISA search, much less that it harmed him.