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Official - Subject to Final Review
but it's not speculative if the government being given
this authority by Congress is going to use it. Isn't
that so?
I mean, are we to assume that --
GENERAL VERRILLI: Yes, that's not
speculative, Justice Ginsburg, but what is speculative
is the connection between the grant of authority and a
claim of injury. I do think it's important --
JUSTICE KENNEDY: Is it -- you were
talking -- you wanted to say there's a cascade of
inferences, I think was your phrase.
speculation --
GENERAL VERRILLI: There's a cascade of
JUSTICE KENNEDY: You want to tell us that
in your view these -- all these inference that we're
required to go through, if the Respondents' theory is
adopted, you were going to tell us about --
GENERAL VERRILLI: I'd like very much to do
that. Thank you, Your Honor, yes.
First, the Respondents have to speculate
about what the intelligence priorities and objectives of
the executive branch are.
Second, they have to speculate about how the
executive branch officials are going to exercise their
judgment to translate those priorities into procedures
10
Alderson Reporting Company