Let me say straight out: Privacy and Civil Liberties Oversight Board member Rachel Brand is no slouch. She’s very smart and very accomplished.
All that said, I am rather intrigued by the way she consulted NSA General Counsel Raj De several times — as illustrated by these emails Jason Leopold liberated from PCLOB — as she worked on her dissent to the Democratic PCLOB members’ conclusion that the Section 215 dragnet is illegal.
On January 6, Brand emailed De. “Do you have a couple minutes to talk about a PCLOB matter today or tomorrow?” They scheduled some time to talk at midday the next day — though a request from Keith Alexander appears to have forced De to delay. Nevertheless, by 1:30 on January 7, it appears De and Brand spoke, because De forwarded two things: I Con the Record’s press release announcing the FISA Court had reauthorized the dragnet even after Judge Richard Leon ruled it unconstitutional (De makes no mention in his email, but the order had considered Leon’s ruling before reauthorizing the program), and the GPO transcript of Robert Mueller’s claim in a June 2013 House Judiciary Committee hearing that the dragnet would have prevented 9/11.
Ten days later, on January 17, Brand was emailing De again, after having seen each other that morning (that was the morning President Obama announced his own reforms to the dragnet, so it may have been in that context). She sent NSA’s General Counsel a paragraph, with one sentence highlighted, asking if it was accurate. He responded with “some suggestions for accuracy for your consideration … Feel free to give a call if you want to discuss, or would like more detail.”
Then, over that weekend, Brand and De exchanged the following emails:
Saturday, January 18, 12:31: Brand sends “the current draft of my separate statement” stating she wants “to be sure there is nothing factually or legally inaccurate in it;” she says it is currently 5 pages and tells De she needs to give PCLOB Chair David Medine the final by Sunday night
Saturday, January 18, 2:11: De responds, “happy to”
Sunday, January 19, 10:51: De responds, saying, “not that you need or want my validation, but for what’s [sic] it is worth it really reads quite well.” De then provides 3 “additional factual details” which “might fit in if you wanted to use them;” those bullets are redacted
Sunday, January 19, 3:47: Brand replies, stating that Beth (Elisebeth Collins Cook, the other Republican on PCLOB) “explicitly makes the first two in her separate statement” and that she’s “trying to keep this short, so have to forego making every available point”