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Official - Subject to Final Review
maybe not. And there, we have an argument.
Is there a way of resolving it? That is, is
it open to the government, if you prevail, and we say,
you know, they have this extra broad authority, there is
no way to check it through a court, it does cause harm,
these are the most likely people to be harmed and there
is very good reason, whatever words we use there, to
think it will be used for them, that the government --
is there some way the government could say, in camera
even, no, we are not doing it? Here are our procedures.
We are not going to show them to anybody but you, judge.
I mean, is there a way for the government to
show that you're wrong --
MR. JAFFER: Yes.
JUSTICE BREYER: -- and that we're wrong
when we think you're right?
MR. JAFFER: Yes. Absolutely.
JUSTICE BREYER: What?
MR. JAFFER: If the government were to walk
into court either today or after the remand that we are
asking for, if the government were to walk into court
either in camera or -- or -- or not and say that
plaintiffs will never be monitored under this statute, I
think the case would be over. Plaintiffs -- plaintiffs
are here not because they have a general complaint about
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Alderson Reporting Company