I’m torn between the argument about individualized suspicion, which I find really compelling, and the fact that extreme circumstances demand some extreme measures.
Leading with the capitol attack doesn’t highlight to me why wide scope of these powers is a problem. Tell me more about the civil rights campaigns that are being disrupted with these technologies and powers.
It’s not helpful to highlight how it was used to arrest violent separatists. Tell me how it’s being used to punch down!
Without an example like that, I’m inclined to say this is a time where the federal government’s reliance on norms is working. As in, they have the power to do these kinds of things, but they choose to apply that power pretty selectively.