Latest in FISA

FISA

David Kris Submits Amicus Letter Brief to Foreign Intelligence Surveillance Court

David Kris, whom the Foreign Intelligence Surveillance Court appointed as amicus curiae to review the FBI's filing before the court regarding FBI and Justice Department practices in filing FISA warrants, has filed a letter brief with the court in response to the FBI's submission. The brief is available here and below.

FISA

FBI Responds to FISA Court Order Regarding Inspector General Report

The FBI has filed a response to the order of the Foreign Intelligence Surveillance Court (FISC) requesting further information on FBI and Justice Department practices in filing FISA warrants before the court in the wake of the Justice Department inspector general's report identifying failures in the Carter Page FISA application. The document is available here.

DOJ Office of the Inspector General

Justice Department Inspector General Releases Report on the Russia Investigation

On Monday, the Department of Justice Office of the Inspector General released a report on its review of the four FISA applications and other aspects of the FBI's Crossfire Hurricane Investigation, which explored any possible coordination or connection between the Trump campaign and Russian efforts to interfere with the 2016 election. The document is available here and below.

fisa court

Office of the Director of National Intelligence Releases Section 702 Documents and Opinions

The Office of the Director of National Intelligence released partially redacted documents related to the Foreign Intelligence Surveillance Court’s (FISC) authorization of the 2018 certifications under Section 702 of the Foreign Intelligence Surveillance Act (FISA). The FISC initially approved most parts of the certification, but ruled that other aspects of the FBI protocols concerning information regarding U.S. persons were inadequate.

Congress

Livestream: The House Judiciary Committee Holds a Hearing on FISA Oversight

The House Judiciary Committee will hold a hearing on "Oversight of the Foreign Intelligence Surveillance Act" at 10:00 a.m. on Wednesday. The hearing will feature testimony from Brad Wiegmann, Deputy Assistant Attorney General at the Department of Justice, National Security Division; Michael Orlando, Deputy Assistant Director of Federal Bureau of Investigation, Counterterrorism Division; and Susan Morgan from the National Security Agency.

Executive Order 12333

What Does ‘Collection’ Mean? Discretion and Confusion in the Intelligence Community

Just before John Brennan ended his term as director of the CIA in 2017, his agency issued a new set of guidelines under Executive Order (EO) 12333, the general charter that governs the intelligence community. Entitled “Central Intelligence Agency Intelligence Activities: Procedures Approved by the Attorney General Pursuant to Executive Order 12333,” the guidelines received little attention.

The National Security Law Podcast

The National Security Law Podcast: A Deep Dive Into…the Foreign Intelligence Surveillance Act

Welcome to part one of a two-part deep-dive series concerning FISA! In this episode, Professors Chesney and Vladeck begin with the history and context leading up to the creation of the Foreign Intelligence Surveillance Act of 1978 and then explain the central features of the statute and some of the key issues that arose during its first two decades. Part two (episode 97), which carries the story forward to the present, will post tomorrow!

Oh, hey, while we have your attention: Yes, there was another two-week extension in Doe v. Mattis.

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