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FISA: 702 Collection

Why the 9th Circuit Was Right in Mohamed Mohamud, and a Startling Thing It May Have Gotten Wrong

Earlier this week, the 9th Circuit Court of Appeals issued a long-awaited opinion in U.S. v. Mohamed Mohamud. The opinion has gotten some bounce, with pieces by Orin Kerr in the Post and by Jennifer Daskal and Elizabeth Goitein in Just Security. Thus far, reviews have been largely critical. But the critics are mistaken: the Court got it right.

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