Intelligence agency procedures have varied both within and across agencies in the intelligence community—making it difficult for Congress, the public and even the agencies themselves to determine the scope of intelligence gathering.
Latest in Foreign Intelligence Surveillance Court (FISC)
The Foreign Intelligence Surveillance Court (FISC) has released its annual report for 2018. The document is available here and below.
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.
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:
Recent headlines about a supposedly dramatic rise in rejected FISA applications rest on a misleading apples-to-oranges comparison.
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.