The release of the Carter Page FISA applications represents a monumental disclosure to the public—and underlines just how disingenuous House intelligence committee Chairman Devin Nunes has been.
David Kris is a founder of Culper Partners LLC. He previously served as assistant attorney general for national security, associate deputy attorney general, trial attorney at the Department of Justice, general counsel at Intellectual Ventures, and deputy general counsel and chief ethics and compliance officer at Time Warner. He is the author or co-author of several works on national security, including the treatise National Security Investigations and Prosecutions, and has taught at Georgetown University and the University of Washington.
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How to understand the NSA’s June 28 announcement about its call-detail record databases.
The Supreme Court seems to have understood itself as applying the Fourth Amendment to the 21st century, and in particular to digital network technology of the 21st century—but it left several key questions unanswered.
Apart from its primary claim of unreviewable power over criminal investigations, the January 2018 letter from the president's lawyers to Special Counsel Robert Mueller makes a number of remarkable, and sometimes very questionable, assertions.
The Washington Post reports that the FBI has repeatedly overstated the number of devices it can’t unlock.
In the midst of an apparent congressional effort to undermine the Mueller investigation, it’s a good time to review some legal, normative, and historical standards in an effort to measure how, once again, we may be boldly going where no one has gone before.
Recent headlines about a supposedly dramatic rise in rejected FISA applications rest on a misleading apples-to-oranges comparison.