Ron Wyden to Dianne Feinstein: Pants on Fire

While the language about the FISA Amendments Act that Ron Wyden just got James Clapper to clear for release (first reported by Spencer Ackerman) doesn’t exactly call Dianne Feinstein a liar, it comes close.

Wyden got the following three statements cleared:

  • A recent unclassified report noted that the Foreign Intelligence Surveillance Court has repeatedly held that collection carried out pursuant to the FISA Section 702 minimization procedures used by the government is reasonable under the Fourth Amendment.
  • It is also true that on at least one occasion the Foreign Intelligence Surveillance Court held that some collection carried out pursuant to the Section 702 minimization procedures used by the government was unreasonable under the Fourth Amendment.
  • I believe that the government’s implementation of Section 702 of FISA has sometimes circumvented the spirit of the law, and on at least one occasion, the FISA Court has reached this same conclusion. [my emphasis]

The unclassified report in question is the Senate Intelligence Committee’s report from the FISA Amendments Act extension mark-up.

Third, the numerous reporting requirements outlined above provide the Committee with extensive visibility into the application of these minimization procedures and enable the Committee to evaluate the extent to which these procedures are effective in protecting the privacy and civil liberties of U.S. persons. Notably, the FISA Court, which receives many of the same reports available to the Committee, has repeatedly held that collection carried out pursuant to the Section 702 minimization procedures used by the government is reasonable under the Fourth Amendment. [my emphasis]

The passage in question comes from DiFi’s additional views.

With this declassified language, Wyden is making clear how incomplete DiFi’s claims about the law are.

But don’t worry, James Clapper’s office says. They’ve rectified the problems. Of NSA violating minimization requirements, that is, not of the Senate Intelligence Committee Chair making grossly misleading comments to push for passage of the extension.

Tweet about this on Twitter20Share on Reddit0Share on Facebook1Google+0Email to someone

13 Responses to Ron Wyden to Dianne Feinstein: Pants on Fire

  • 1
  • 2
  • 3
  • 4
  • 5
  • 6
  • 7
  • 8
  • 9
  • 10
  • 11
  • 12
  • 13

Emptywheel Twitterverse
bmaz RT @petersuderman: Costco brand bourbon is, in fact, totally decent. http://t.co/1rhMoW3kH6
2hreplyretweetfavorite
bmaz @Ali_Gharib Hey, we liveblogged the first one at Emptywheel!
2hreplyretweetfavorite
bmaz @Pachacutec_ Probably dreaming of Eli Manning completing 70% of his passes for the season. Ha ha ha ha ha ha ha!
2hreplyretweetfavorite
bmaz RT @Ali_Gharib: If we cut aid to Israel, we could get higher-priced strippers for our sting operations.
2hreplyretweetfavorite
bmaz @Ali_Gharib Fantastic flick!
2hreplyretweetfavorite
bmaz @normative Shocker. Or, you know, not. Criminal defense attorneys been saying this as long as I have been a lawyer.
3hreplyretweetfavorite
bmaz @erinscafe Math is hard.
4hreplyretweetfavorite
JimWhiteGNV Every New York restaurant for the next ten years will be running a daily special of shark fin soup. #Sharknado2TheSecondOne
4hreplyretweetfavorite
JimWhiteGNV Finn does a Slim Pickens! #Sharknado2TheSecondOne
4hreplyretweetfavorite
JimWhiteGNV Peasants with pitchforks in the streets of New York! Love it! #Sharknado2TheSecondOne
4hreplyretweetfavorite
JimWhiteGNV RT @ThunderLevin: He found a chainsaw! All is well! #Sharknado2TheSecondOne
5hreplyretweetfavorite