Court Slams NSA for “Third Instance in Less Than Three Years” of Substantial Misrepresentation


I’m still plowing my way through the declassified FISA court ruling from 2011 that found one of the NSA’s surveillance programs unconstitutional. However, the gist of the opinion is that NSA had misled the court about whether U.S. persons could be caught up in the program’s dragnet, and the court was not happy about it. According to a footnote, it represented “the third instance in less than three years” in which a program had been misrepresented to the court. One of the other two instances is described below. The third one is redacted.

President Obama says he’s eager to have a national conversation about the NSA’s surveillance programs. I assume, then, that he’ll order the declassification of the other two FISA court opinions which found “substantial misrepresentations” by the NSA.

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In this election year unlike any other—against a backdrop of a pandemic, an economic crisis, racial reckoning, and so much daily crazy—Mother Jones' journalism is driven by one simple question: Will America will move closer to, or further from, justice and equity in the years to come?

If you're able to, please join us in this mission with a donation today. Our reporting right now is focused on voting rights and election security, corruption, disinformation, racial and gender equity, and the climate crisis. We can’t do it without the support of readers like you, and we need to give it everything we've got between now and November. Thank you.

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