Jim Baker and Carl Ghattas on Section 702

The Lawfare Podcast

The Lawfare Institute

Military, Intelligence, International Law, Constitutional Law, Rule Of Law, Politics, International Relations, News, Government, History, Diplomacy, Terrorism, National Security, Current Events, Law, Foreign Policy

4.7 • 6.2K Ratings

🗓️ 28 July 2017

⏱️ 43 minutes

🔗️ Recording | iTunes | RSS

🧾️ Download transcript

Summary

On December 31, 2017, Section 702 of the FISA Amendments Act will sunset. Officials insist that the provision authorizes critical intelligence gathering, but as of yet, Congress has not signaled whether it will give a clean reauthorization of the bill, pass it with amendments, or allow it to lapse altogether. In this week's podcast, Susan Hennessey sits down with FBI General Counsel Jim Baker and the Bureau's Executive Assistant Director of the National Security Branch Carl Ghattas to discuss the legal and operational elements of Section 702.

Support this show http://supporter.acast.com/lawfare.

Hosted on Acast. See acast.com/privacy for more information.

Transcript

Click on a timestamp to play from that location

0:00.0	The following podcast contains advertising to access an ad-free version of the LawFair
0:07.2	podcast become a material supporter of LawFair at patreon.com slash LawFair.
0:14.7	That's patreon.com slash LawFair.
0:18.2	Also, check out LawFair's other podcast offerings, rational security, chatter, LawFair
0:25.6	no bull and the aftermath.
1:25.6	We have very little information about that particular selector.
1:29.6	And as I said before, we don't even know if that selector is associated with an American
1:32.9	person.
1:33.9	So, we would have to stop that work and develop probable cause.
1:38.6	So the agent or analyst would have to get together with an assistant or a attorney.
1:42.2	If probable cause could be developed, that information would have to be put into an affidavit.
1:46.6	Then the agent would have to take that affidavit, go before a magistrate, swear out that affidavit,
1:51.6	swear out the warrant, come back with the warrant, and then be able to search holdings that
1:55.4	we already have.
1:56.6	By that time, the threat could have progressed beyond the point where we would be able to
2:01.0	mitigate the threat.
2:02.4	I'm Susan Hennessy and this is the LawFair podcast July 29th, 2017.
2:07.6	Section 702 of the FISA Amendment Act is set to sunset on December 31st, 2017.
2:13.4	For those keeping track, that's less than six months away.
2:16.1	The looming question is whether Congress will reauthorize the program as it currently exists.
2:20.6	If it will implement changes, or if it will allow Section 702 to lapse altogether.
2:25.4	As the legislative debate heats up, I sat down with FBI General Counsel Jim Baker, an executive
	...

Please login to see the full transcript.

Previous episode | Next episode

Disclaimer: The podcast and artwork embedded on this page are from The Lawfare Institute, and are the property of its owner and not affiliated with or endorsed by Tapesearch.

Generated transcripts are the property of The Lawfare Institute and are distributed freely under the Fair Use doctrine. Transcripts generated by Tapesearch are not guaranteed to be accurate.