On August 9, 2007, the ACLU filed a motion with the Foreign Intelligence Surveillance Court (FISA Court) requesting release of the Court's records regarding the government's surveillance of foreign terrorists. Specifically, the ACLU requested release of sealed orders from January 10, 2007, and any government briefs or subsequent orders connected with the January 10 orders. The ACLU argued that, like any other federal court, the FISA Court had the authority to unseal its own documents, and that there was a substantial public interest as well as a First Amendment interest in release of those records to the public.

On August 31, 2007, the government responded to the ACLU's request, arguing that the court lacked jurisdiction to hear the ACLU's motion, and that the public had no right of access to the information in the sealed documents.

In an order dated December 11, 2007, the FISA Court (Judge John D. Bates) held that while the Court did have jurisdiction to hear the motion, there was no First Amendment nor common law right of access to the sealed records. Therefore, the Court declined to unseal any of the records the ACLU was requesting.

On December 12, 2014, DOJ, in conjuction with the Office of the Director of National Intelligence (ODNI) declassified redacted versions of four FISA Court orders from early 2007, including two January 10 orders, as well as two government memoranda relating to the surveillance orders. For a discussion of the contents of those documents, see NS-DC-50 in this Clearinghouse.

Edward Mroczkowski - 05/04/2015


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