This must have been painful for Mother Jones to publish.

6/07/2013

Government lawyers are trying to keep buried a classified court finding
that a domestic spying program went too far.

In the midst of revelations that the government has conducted extensive
top-secret surveillance operations to collect domestic phone records and
internet communications, the Justice Department was due to file a court
motion Friday in its effort to keep secret an 86-page court opinion that
determined that the government had violated the spirit of federal
surveillance laws and engaged in unconstitutional spying.

This important case—all the more relevant in the wake of this week's
disclosures—was triggered after Sen. Ron Wyden (D-Ore.), a member of the
Senate intelligence committee, started crying foul in 2011 about US
government snooping. As a member of the intelligence committee, he had
learned about domestic surveillance activity affecting American citizens
that he believed was improper. He and Sen. Mark Udall (D-Colo.), another
intelligence committee member, raised only vague warnings about this data
collection, because they could not reveal the details of the classified
program that concerned them. But in July 2012, Wyden was able to get the
Office of the Director of National Intelligence to declassify two
statements that he wanted to issue publicly. They were:

   - 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 [the Foreign Intelligence Surveillance Act] has
   sometimes circumvented the spirit of the law, and on at least one occasion
   the FISA Court has reached this same conclusion.

For those who follow the secret and often complex world of high-tech
government spying, this was an aha moment. The FISA court Wyden referred to
oversees the surveillance programs run by the government, authorizing
requests for various surveillance activities related to national security,
and it does this behind a thick cloak of secrecy. Wyden's statements led to
an obvious conclusion: He had seen a secret FISA court opinion that ruled
that one surveillance program was unconstitutional and violated the spirit
of the law. But, yet again, Wyden could not publicly identify this program.

David Corn | Justice Department Fights Release of Secret Court Opinion
Finding Unconstitutional
Surveillance<http://www.motherjones.com/politics/2013/06/justice-department-electronic-frontier-foundation-fisa-court-opinion>


J

-

Ninety percent of politicians give the other ten percent a bad reputation.
- Henry Kissinger

Politicians are people who, when they see light at the end of the tunnel,
go out and buy some more tunnel. - John Quinton

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