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Official - Subject to Final Review
interceptions of e-mails. Every one of those, it's a
matter of public record, was under the authority of FISA
before it was amended in 2008 --
JUSTICE BREYER: But why can't we get an
answer to that question? I mean, I see your point. I'm
interrupting because I -- I see where you're going. And
it seems to me that, at least, if held in camera, I
can't imagine what security it would violate, whether
the government were to say, if necessary privately to a
judge, would say, no, we do not intend to use this new
authority for this purpose.
GENERAL VERRILLI: But he's just --
JUSTICE BREYER: Or it could say the
contrary. And so couldn't we find out whether he has
standing there without jeopardizing any concern of
national security?
GENERAL VERRILLI: I think you can't get
there without establishing that there's a case of
controversy. And they haven't --
JUSTICE BREYER: Well, there is if, in fact,
the government is going to use this statute to continue
to do some of the 10,000 or 20,000 --
GENERAL VERRILLI: But this case is at
summary judgment now, and the --
JUSTICE BREYER: Yes.
14
Alderson Reporting Company