Government,
Constitutional Law
May 24, 2016
Congress did not intend zero access to FISA surveillance
Courts are ignoring congressional intent when in comes to granting criminal defendants access to evidence gathered using the Foreign Intelligence Surveillance Act.
John D. Cline
Law Office of John D. Cline
1 Embarcadero Ctr, Ste 500
San Francisco , CA 94111
Email: cline@johndclinelaw.com
The Department of Justice recently announced that in 2015, the Foreign Intelligence Surveillance Court (FISC) - the secret court that must approve surveillance requests under the Foreign Intelligence Surveillance Act (FISA) - did not deny a single government application. Out of 1,457 applications for electronic surveillance, the court approved 1,456 (80 with modifications) and the government withdrew one. The government's 2015 success is typical: Since FISA's enactment in 1978, the FISC ha...
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