ACLU Seeks FISA Court Rulings That Prompted FISA RevisionGood luck with this one. Yesterday, the ACLU filed a motion (pdf) to declassify recent rulings of the secret Foreign Intelligence Surveillance Act (FISA) Court that administration officials cited in order to press legislators to massively overhaul FISA.
In particular, the civil-liberties watchdog wants the January 10, 2007 FISA Court ruling that Attorney General Alberto Gonzales cited as “innovative” enough to merit moving the Terrorist Surveillance Program under FISA; as well as the mysterious spring ruling that FISA applied to foreign-to-foreign communications routed through the United States.
Members of Congress referenced and characterized certain of the sealed materials in explaining support for the amendments (to FISA). Over the next six months, Congress will consider whether these amendments should be made permanent. Publication of the sealed materials will permit members of the public to participate meaningfully in this debate, evaluate the decisions of their elected leaders, and determine for themselves whether the proposed permanent expansion of the executive’s surveillance powers is appropriate.
And if the public-interest argument the ACLU makes doesn’t work, it adds another: Rep. John Boehner (R-OH) already revealed the outline of the ruling anyway.