A federal judge on the Foreign Intelligence Surveillance Court has determined that an expert isn't required to present an opposing view to the government on the newly minted USA Freedom Act if the legal conclusion is "obvious," The Washington Post's Ellen Nakashima reports. This was the first time a judge examined when the USA Freedom Act requires that technical experts be appointed in a case involving a novel or significant issue.
Julian Sanchez, a senior fellow at the Cato Institute, told The Post the requirement that technical experts be appointed to provide amicus briefs "'shouldn't depend on whether an issue seems obvious before the court has heard any counter arguments.'"
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