Americans are used to the government providing misleading or dishonest information to the public at large.
FILE – In this June 6, 2013 file photo, the National Security Agency campus in Fort Meade, Md. But the Justice Department recently providing incorrect testimony to a federal court could have serious ramifications for our constitutional rights moving forward.
At a preliminary injunction hearing on March 15 this year, Justice claimed it would be “impracticable” to provide audits of the Section 702 program to Cato by March 29. However, Cato’s analysis of the recently released but still heavily redacted audits shows that their declassification review was completed by March 5, or 10 days prior the hearing before D.C. Circuit Judge Tanya Chutkan.
Cato filed its FOIA lawsuit on February 8 of this year, after months of requesting the records from Justice. When the audits were finally provided to Cato, they contained redactions to 702 program violations by FBI agents that were made public in a partially declassified 2021 Foreign Intelligence Surveillance Court opinion from September 2021, as well as the 2023 Privacy and Civil Liberties Oversight Board FISA Section 702 oversight report released in September 2023.
This incident is not mentioned in the PCLOB’s 2023 FISA Section 702 compliance report, and it raises questions as to how many similar incidents of 702 violations were or may have been committed by then-FBI employees who subsequently left the Bureau before their actions were discovered.
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