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Mon Nov 4, 2013, 09:46 PM

 

Man... Marci Wheeler Is Good...

DOJ Did Not Fulfill Legally Required Disclosure on Section 215 to Congress Until After PATRIOT Reauthorization
Posted on November 4, 2013 by emptywheel

<snip>

In the Guardian’s superb summary of the importance of the NSA leaks, Zoe Lofgren challenges the claims that Congress has received all the documents NSA claims it has gotten.

"I do serve on the Judiciary Committee and various statements have been made that the Judiciary Committee members were told about all of this and those statements are untrue, not the facts, we have not been provided the documents that the Agency said that we were."


In a Privacy and Civil Liberties Oversight Board today, NSA General Counsel Raj De and ODNI General Counsel Robert Litt both repeated such claims (these are from my notes on twitter; I’ll check my transcription later). De said that Section 215 “had all indicia of official legitimacy” which in part came because it was “twice reauthorized by Congress with full information from exec.” And Litt said they are “by statute required to provide copies [of FISC documents] to both houses. They got materials relating to this [Section 215] program.”

Obviously, we know De is wrong, and he must know it, because a sufficiently large block of Congressmen never had the opportunity to read the Executive’s official notice to make the difference in the 2011 reauthorization. His statement is a clear lie.

But I’m just as interested in Litt’s claim (which would rely on notice to the Judiciary and Intelligence Committees).

This most recent I Con dump provides some evidence that illuminates Lofgen’s implicit dispute of Litt’s claims. Remember this paragraph, which is one of the most specific claims about what notice the Administration gave to Congress about using Section 215 to authorize the phone dragnet.


Moreover, in early 2007, the Department of Justice began providing all significant FISC pleadings and orders related to this [Section 215] program to the Senate and House Intelligence and Judiciary committees. By December 2008, all four committees had received the initial application and primary order authorizing the telephony metadata collection. Thereafter, all pleadings and orders reflecting significant legal developments regarding the program were produced to all four committees.


As I noted in this post, the specific language (in bold) regarding the first, May 2006, authorization of the phone dragnet at least suggested, in this context, there wasn’t an opinion at all...

<snip>

More: http://www.emptywheel.net/2013/11/04/doj-did-not-fulfill-legally-required-disclosure-on-section-215-to-congress-until-after-patriot-reauthorization/




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marmar Nov 2013 #1
Uncle Joe Nov 2013 #2

Response to WillyT (Original post)

Mon Nov 4, 2013, 09:56 PM

1. k/r

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Response to WillyT (Original post)

Mon Nov 4, 2013, 09:59 PM

2. Kicked and recommended.

Thanks for the thread, WillyT.

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