Why Should We Believe Solicitors General about Warrantless Wiretapping

I’m working on a longer post about the arguments in Amnesty v. Clapper today.

But I wanted to point to this passage from the transcript, in which Solicitor General Don Verrilli responded to Justice Ginsburg’s suggestion that the FISA Court didn’t exercise very rigorous oversight, given that it had only ever rejected one application.

JUSTICE GINSBURG: Is there much of a speculation involved in how — I think it’s only one time, and it was under the pre-amended statute, that the FISA court ever turned down an application

GENERAL VERRILLI: Yes, but that, Your Honor, is, I think, not a fair assessment of the process. It’s really very much an iterative process in which there’s a dialogue between the executive branch and the FISA court in which the court can demand more information, raise objections. Those get worked out, and then there’s a final order.

So I don’t think it’s fair to infer from the fact that there’s only one rejection that this — that it’s a process that isn’t rigorous.

But there was evidence in the court room today to show how false such assurances are.

You see, Ted Olson was in the room. He was there to argue a copyright case heard just after Amensty v. Clapper. And as I have noted before, the government actually sent Olson–back when he was Solicitor General–to argue before the FISA Court of Review without disclosing the warrantless wiretapping program to him. He made a number of claims about how “lawful” the government’s activities were when, in fact, they weren’t.

Given that the government has lied to FISCR before, and given that Solicitors General apparently don’t get briefed on what the government does with warrantless wiretapping, is there any reason we should believe this Solicitor General about the FISA Court’s oversight?

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8 Responses to Why Should We Believe Solicitors General about Warrantless Wiretapping

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Emptywheel Twitterverse
bmaz @ColMorrisDavis @Krhawkins5 I think they are willing to make noise, but never have the guts to pull the trigger or go full Mike Gravel.
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bmaz @ColMorrisDavis @Krhawkins5 Not impossible, but remember all the noise Wyden+Udall made re NSA and, yet, never really did anything big.
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bmaz @ColMorrisDavis @MarkUdall @RonWyden This is bullshit; it is not happening. SSCI won't go for it+trigger won't get pulled.
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bmaz RT @lisang: Oh my god. This is where all the int'l media have their offices. MT @iFalasteen: Journalist building is burning now. http://t.c…
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JimWhiteGNV RT @GregMitch: @jaketapper Jake, why not try "U.S. jets meant for defense of Israel now export death to Gaza"?
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JimWhiteGNV RT @onekade: Israel pummels Gaza with bombs and meanwhile @jaketapper defends his trash hasbara piece on tunnels. What a disgusting display.
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JimWhiteGNV RT @onekade: Israel is deliberating targeting civilians with bombs that we US taxpayers purchased. Detroit needs water, but we pay for slau…
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emptywheel @sarahjeong Um. Maybe @xor is trying to trick you into unfollowing mid-Bar. That would not be good.
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emptywheel @sarahjeong Still, nothing you can't kick the shit out of.
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emptywheel @sarahjeong Wait. You can't bring your multidecals into a test for 3 days? Nutty.
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emptywheel This time tomorrow (or thereabouts) @sarahjeong will have nothing left to do before she can sue your ass but practice trolling--good luck!
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JimWhiteGNV RT @RaysBaseball: Lead: acquired. @jamesloney_7 puts #RaysUp 2-1 on @Brewers with a bases-loaded single! Stretches his streak to 17 games r…
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