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Not an adversarial process.
Both arguments predictable in an adversarial process.
"This is not an adversarial process at all," he said.
In the squat buildings in Santa Clara County's civic center, the events have polarized what was already an adversarial process.
The retired federal judge, James Robertson, argued for several changes, including adding a privacy advocate to the court's closed hearings to allow an adversarial process.
"The formula they agreed to had the checks and balances of an adversarial process with multiple levels of review," she said.
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As outrageous as the blanket secrecy of the surveillance court is, we are equally troubled by the complete absence of any adversarial process, the heart of our legal system.
But Bates disagreed sharply, arguing that "the participation of an advocate would neither create a truly adversarial process nor constructively assist the courts in assessing the facts, as the advocate would be unable to communicate with the target or conduct an independent investigation".
Federal courts have ample discretion to keep sensitive intelligence under seal, while still affording defendants a legitimate adversarial process.
He urged them not to listen to the President's review panel, which suggested dozens of changes, such as a more adversarial process and more transparency.
But I would suggest that in the case described in the article, the decision to use a lawyered adversarial process was the essential mistake.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com