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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JimWhiteGNV RT @SuzanneTwoTon: BREAKING: SCOTUS Declines to Stop Florida Marriages | The Bilerico Project http://t.co/qGPuNG9uyJ via @bilericoproject
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JimWhiteGNV @imraansiddiqi @KidFury @errrfzflwr Shouldn't those shirts say "I Can't Stop Eating"?
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bmaz Cry, cry baby. Wah, wah, has left the building.
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JimWhiteGNV RT @joshuafoust: Male journalists forced to sit there, ignored, like their female colleagues are totes mad they got treated that way https:…
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JimWhiteGNV RT @TimothyS: I can't believe that male White House reporters are actually complaining that no men were called on today. Take a deep breath…
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bmaz @michaelwhitney Have McGirt, will travel!
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bmaz Doge going on a joy ride. http://t.co/PKTrlVzxM8
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emptywheel @BradMossEsq But if it doesn't do what it is supposed to do, then we should talk about that, bc then we can shut it down.
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emptywheel @BradMossEsq Just you. I've never been opposed. I'm opposed to its misuse. Upstream is prone to problems, per a pushover FISA judge.
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emptywheel @mokecule VERY many WH journos show up to every briefing knowing there's almost no chance they'll get called. They still go.
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emptywheel @mokecule Does that change the value at all of sitting and listening for the gross majority who don't get called?
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emptywheel RT @PGEddington: ICYMI: My latest on @Medium: “When Intelligence Become Advocacy” https://t.co/d9c9jly8DK
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