Re:FISA court rules NSA can resume bulk data collection
by DSMan195276 on Wednesday July 01, 2015 @11:37AM
(#9812554)
That's not a fair comparison, because the FISA court isn't proving guilt, it's requesting a warrant by attempting to prove reasonable suspicion. It would be a fair comparison if you compared them to the percentage-granted for regular search-warrants, and what I can find online seems to indicate that it's fairly high for those as well, again because they're not proving guilt.
How would this be any different from the bar that a prosecutor has for bringing a criminal trial to court? Lost time, lost reputation, chance of losing the election. Every time a prosecutor decides to go all in, they're taking what could be a huge risk -- if not in that particular case then in the aggregate.
Yet we see much different numbers from courts when an open adversarial system is used.
So a reasonable outside observer is left to conclude that either the federal government is full of incredibly competent legal minds, for whom the slightest mistake would be anathema -- or it's a rigged game. Doesn't matter what they bring.
I understand I'm making a bit of a false dichotomy for rhetorical effect, but my argument is still sound. One of these options is much more likely than the other one.