Recent headlines about a supposedly dramatic rise in rejected FISA applications rest on a misleading apples-to-oranges comparison.
Latest in Foreign Intelligence Surveillance Court (FISC)
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.
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.
Susan Hennessey and I filed a brief today before the FISC suggesting that the court should clarify publicly whether it is satisfied with the DOJ’s conduct before it.
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.
The Foreign Intelligence Surveillance Court is well-positioned to clear up the question of whether the FBI and Justice Department presented misleading information when they sought orders to surveil former Trump campaign adviser Carter Page.
Brief summaries of all 18 opinions.
Pursuant to a FOIA request from the Electronic Frontier Foundation, the FISA Court has released 18 redacted opinions, each regarding FISA Section 702. The opinions are listed below.
Foreign Intelligence Surveillance Court Approves New Targeting and Minimization Procedures: A Summary
A summary of the trove of documents related to FISA targeting and minimization procedures released by the Office of the Director of National Intelligence, including a lengthy April 26, 2017 Foreign Intelligence Surveillance Court (FISC) memorandum order and opinion approving the new and amended targeting and minimization procedures.
In Rare En Banc Session, Surveillance Court to Reconsider Whether ACLU Can Seek Release of Documents
The Foreign Intelligence Surveillance Court will rehear en banc the ACLU's claim that it has standing to assert a First Amendment right to see FISC decisions upholding the government’s bulk data collection program.