Foreign Intelligence Surveillance Court (FISC)

Latest in Foreign Intelligence Surveillance Court (FISC)

Documents

Document: Justice Department Did Not Rely on Whitaker in FISA Matters, FISC Says

On Thursday, the Foreign Intelligence Surveillance Court issued an order stating that the government "has not relied on any action taken by [former Acting Attorney General Matthew Whitaker] in any submission to the court." The order, issued by Judge Rosemary Collyer, denied attorney Thomas C. Goldstein's motion to file an amicus curiae brief challenging Whitaker's authority to take action before the court on the basis that his appointment as acting attorney general was unlawful.

FISA

Document: Justice Department Says FISA Court Lacks Jurisdiction to Hear Private Records Requests

The Justice Department filed a brief with the Foreign Intelligence Surveillance Court on behalf of the United States arguing that the court lacks the jurisdiction to hear cases from private parties requesting the release of records. The full document is available below: 

Foreign Intelligence Surveillance Court (FISC)

Document: Foreign Intelligence Surveillance Court 2017 Annual Report

The director of the Administrative Office of U.S. Courts released the following report on the Foreign Intelligence Surveillance Court’s activities during 2017. The report states that the FISC received 1,614 applications—granting 1,147, modfying 391 in part, denying 50 in part, and denying 26 in full.

Intelligence Oversight

Misleading the Foreign Intelligence Surveillance Court has Always Been Dangerous

Over the last week, there's been a great deal of discussion on Lawfare regarding the role that the Foreign Intelligence Surveillance Court might play in clearing up controversy over the Nunes memo. As a matter of fact, there isn't much doubt that the FISA Court has plenty of authority to investigate and punish Justice Department and FBI officials who have filed misleading pleadings.

Foreign Intelligence Surveillance Court (FISC)

Document: New York Times Requests Orders and Applications for Page Surveillance

The New York Times filed the following motion with the Foreign Intelligence Surveillance Court requesting the public release of the applications for and orders authorizing electronic surveillance of Trump campaign foreign policy adviser Carter Page.

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