The Department of Justice submitted an unusual court filing in litigation over the release of the Carter Page FISA, arguing that the president's statements on Twitter concerning the Page FISA should not be assumed to be accurate or based on the president's personal knowledge of the underlying issue. The document, which was filed on Nov. 30 and first flagged by USA Today reporter Brad Heath, is available here and below.
First passed in 1978, the Foreign Intelligence Surveillance Act (FISA) still guides the physical and electronic surveillance of foreign powers and agents. Congress has repeatedly amended the law, however, seeking to calibrate the government’s surveillance to accord with the level of threat and seeking to keep authorities current as technology develops at breakneck speed. Nevertheless, even authorized activities affirmatively permitted by statute have come under fire as a torrent of leaks have revealed government surveillance programs under the statute.