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

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🗓️ 13 November 2021

⏱️ 108 minutes

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Summary

From November 22, 2014: Earlier this month, the ABA Standing Committee on Law and National Security held its “24th Annual Review of the Field of National Security Law CLE Conference.” As part of the conference, the group held a particularly strong panel discussion on the Foreign Intelligence Surveillance Act—featuring Bob Litt, general counsel to the DNI, Jameel Jaffer of the ACLU, and Bill Banks of Syracuse University law school. The discussion was moderated by Laura Donohue of Georgetown law.

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Transcript

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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.
0:39.2	I'm Emily Day and this is an episode from the LawFair archives on November 13th 2021.
0:45.2	This week, the Supreme Court heard arguments for a case involving FBI surveillance of a
0:49.4	Muslim community in Southern California.
0:51.9	The plaintiffs alleged that the FBI surveilled them solely because of their religious identity.
0:56.5	The central question in the case asks whether provision in the Foreign Intelligence
1:00.1	Surveillance Act or FISA displaces the state's secrets privilege.
1:04.4	Stelve deeper into the act itself.
1:06.4	I chose an episode from November 22nd, 2014, which features a panel discussion on FISA.
1:11.4	The point of this panel is to do a deep dive on FISA.
1:16.4	To think about not just section 15 and section 702, we're also going to touch on the
1:26.0	Executive Order 12 triple three and then move to a blue skies approach.
1:29.9	What if we didn't have the OSAP Trade Act, FISA or the FAA?
1:33.5	How would we think about the future of foreign intelligence?
1:36.6	I can think of no better people to be here today to discuss this than our panelists.
1:41.4	So my right is Jimmy Eljaffer, who is the Deputy Legal Director at the American Civil
1:46.4	Liberty Union.
1:47.4	He is a graduate of Williams of Cambridge University and of Harvard Law School.
	...

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