In his NSA Constitution
Day speech, and in a follow-up post last week with Ashley Deeks, Ben offered
this “tentative hypothesis” for why the intelligence community, and NSA in
particular, engenders so much distrust among “reasonable” Americans: whereas
most of our laws (theoretically) apply to people irrespective of race, class or
gender, the intelligence community does not operate under even facially neutral
principles.
To explain what they mean by non-neutrality, Ashley
and Ben write: “When it comes to the intelligence community . . . the law
allows those actors to do things other people cannot.”
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