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.
Latest in Foreign Intelligence Surveillance Court (FISC)
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.
FISC Rejects Claim That Public Has a First Amendment Right to Court Decisions About Bulk Data Collection
Citizens do not have a First Amendment right to read the full court decisions that support the legality of the NSA’s bulk data collection program, the Foreign Intelligence Surveillance Court has concluded.
In an October motion, the ACLU argued that a First Amendment “right of access” mandates release of the Foreign Intelligence Surveillance Court's opinions. Read on for a primer on the underlying legal theory.