PCLOB Ignores Glaring Section 702 Non-Compliance: Notice to Defendants

I will have far more to say about PCLOB once I finish my working thread. But there’s one glaring flaw in the report’s claim that the government complies with the statute.

Based on the information that the Board has reviewed, the government’s PRISM collection complies with the structural requirements of the statute.

But here’s the report’s discussion of what happens with aggrieved persons — those prosecuted based in information derived from Section 702 information.

Further, FISA provides special protections in connection with legal proceedings, under which an aggrieved person — a term that includes non-U.S. persons — is required to be notified prior to the disclosure or use of any Section 702–related information in any federal or state court.447 The aggrieved person may then move to suppress the evidence on the grounds that it was unlawfully acquired and/or was not in conformity with the authorizing Section 702 certification.448 Determinations regarding whether the Section 702 acquisition was lawful and authorized are made by a United States District Court, which has the authority to suppress any evidence that was unlawfully obtained or derived.449 

But for 5 years after the passage of the law, the government never once gave defendants notice they were aggrieved under Section 702. It lied to the Supreme Court about not having done so. And even while it has since given a limited number of defendants — like Mohamed Osman Mohamud — notice, there are others — David Headley, Najibullah Zazi and Adis Medunjanin, and Khalid Ouazzani — who are known to be aggrieved under Section 702 who have never received notice. Finally, there is the case of the Qazi brothers, which seems to be a case where the government is parallel constructing right in the face of the magistrate.

PCLOB said that the government is generally in compliance with the statute. And yet, it made no mention of known, fairly egregious violations of the statute.

That suggests the report as a whole may be flawed.

Tweet about this on Twitter0Share on Reddit0Share on Facebook0Google+1Email to someone

4 Responses to PCLOB Ignores Glaring Section 702 Non-Compliance: Notice to Defendants

  • 1
  • 2
  • 3
  • 4
Emptywheel Twitterverse
emptywheel @lrozen Actually, @SpyTalker's version notes they tested bomb in facility in NC where ... Blackwater is. @bmaz
1mreplyretweetfavorite
emptywheel @weems That may be a sign of wisdom, as compared to willingness to suck up in high school.
6mreplyretweetfavorite
emptywheel @weems Again, Williams sucks serious ass, but I'd put its undergrad ed against Yale's in a second.
9mreplyretweetfavorite
emptywheel @lrozen Yeah. Wonder if it's related. @bmaz
9mreplyretweetfavorite
emptywheel @bmaz Puts the assassination squad leaks in early 2009 in perspective. @lrozen
10mreplyretweetfavorite
emptywheel Obviously Williams sucks, but am curious why WaPo thinks MN's combo of Yale/Harvard better than CT's Williams/Harvard http://t.co/Nd49z5XK33
12mreplyretweetfavorite
bmaz @lrozen Yep. Go figure.
17mreplyretweetfavorite
bmaz @lrozen Happy guy is dead, but the legal argument of self defense justification for this extrajudicial execution is pure contrived garbage.
21mreplyretweetfavorite
bmaz @larsolsson @mattapuzzo @adamgoldmanwp Pretty much. And the Founders would cry.
26mreplyretweetfavorite
bmaz What is the Definition of a Market? https://t.co/4zqpxiOLYB
37mreplyretweetfavorite
bmaz @gideonstrumpet @AnnoCNN That really is good.
44mreplyretweetfavorite
bmaz RT @gideonstrumpet: I don’t usually say this about CNN, but this piece by @AnnoCNN on the Tsarnaev trial’s jury selection is tremendous: ht…
44mreplyretweetfavorite
July 2014
S M T W T F S
« Jun   Aug »
 12345
6789101112
13141516171819
20212223242526
2728293031