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.

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emptywheel @MarkSZaidEsq Some interesting people you might know actually did! @BradMossEsq
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bmaz @HanniFakhoury Wait...what?
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emptywheel @joshgerstein What the heck kind of useful tweet is THAT? Telling ... what?
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JimWhiteGNV RT @teddysanfran: #JunkBonds4Joe Lieberman by Lieberman for Lieberman in the Lieberman Chair http://t.co/9DrGIOb1nh
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emptywheel @MuskegonCritic But you were willing to send him all the carp he wanted to fertilize his fields?
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emptywheel @sarahjeong There's a special exception for you on the terrorist watchlist guidelines because of it too.
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emptywheel @HinaShamsi Also, generally, girls.
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emptywheel Ut oh. Arms merchants selling to terrorists are also suspected terrorists. Long line of Americans and their friends on that puppy.
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emptywheel If corporations are people can we put the whole damn thing on a No Fly list?
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emptywheel Also, HSBC should be on this terrorist watchlist thingie. That one's a no-brainer. JP Morgan Chase too.
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emptywheel RT @srubenfeld: Exclusive: SEC turns over anonymous whistleblower tip - on judge's order - to hedge fund where tip alleged wrongdoing http:…
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emptywheel Certainly terrorist activities 20 years ago still count, per exmple. How about 30 years ago?
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