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burden of proof |
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burden of proof
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| The person who deploys a national security justification would have the burden of persuasion. The Katz decision shifted the burden of persuasion to those wanting to wiretap, forcing them to obtain a prior warrant and encouraged them to seek redress through legislative compromise. Applying Skidmore here would place the burden of persuasion on the agency to convince the court of the meaning of the relevant statute. |
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