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To follow up, the statement of what "can now" happen is "as the law stands now" under the statute -- courts holding the statute or parts of it unconstitutional will of course change that.
Along the same vein, the recent case in San Francisco is being appealed, and the people in question in that case are still under lock and key, without access to lawyers, phones, or family, pending appeal. The government has stated its complete confidence it will win.
We don't HAVE to do things this way. Government in secret is never good, because anything that can turn bad without our knowing it or can be held unaccountable despite common sense will sooner or later abuse those privileges. Power corrupts, absolute power corrupts absolutely.
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