Filed Date: 2010
Closed Date: 2010
Clearinghouse coding complete
In this matter, the FISA Court reviewed the government's July 15, 2010 certification and amended minimization procedures under FISA § 702(i). For an overview of FISA Court review under § 702(i), see [In re DNI/AG 702(i) Certification 2008]. The court documents in this Clearinghouse case record have not been declassified and released by the government; they are marked Secret and Top Secret. The Washington Post posted them on-line.
The government submitted the 2010-A certification, covering surveillance of foreign governments, factions, entities, and political organizations, on July 15, 2010. In support of the certification, the government filed affidavits from the NSA Director as well as a document listing foreign governments, factions, entities, and political organizations for statutory purposes. These documents are included in the case record; earlier versions in 2008 and 2009 are not available, so they contain new information. The government also filed affidavits from the Directors of the CIA and the FBI, but those documents are not available.
The government filed minimization procedures for the NSA, CIA, and FBI, amending the minimization procedures used in their certifications from 2008 and 2009. Those amended minimization procedures are also not available.
The FISA Court (Judge John D. Bates) issued an order approving the certification and the new minimization procedures on August 19, 2010. The Court found that the certification and the procedures met the statutory requirements of FISA(50 U.S.C. § 1881a(d)-(e)) and comported with the Fourth Amendment, as required by the statute.
Summary Authors
Edward Mroczkowski (4/13/2015)
In re: DNI/AG Certification 2008-A, Foreign Intelligence Surveillance Court (2008)
Bates, John D. (District of Columbia)
Walton, Reggie B. (District of Columbia)
Alexander, Keith B (District of Columbia)
Gompert, David C. (District of Columbia)
Holder, Eric H. Jr. (District of Columbia)
Bates, John D. (District of Columbia)
Walton, Reggie B. (District of Columbia)
Last updated Feb. 29, 2024, 3:01 a.m.
Docket sheet not available via the Clearinghouse.State / Territory: District of Columbia
Case Type(s):
Special Collection(s):
Foreign Intelligence Surveillance Act -- All Matters
Foreign Intelligence Surveillance Court
Foreign Intelligence Surveillance Act—Foreign Targeting (702, 703, 704)
Key Dates
Filing Date: 2010
Closing Date: 2010
Case Ongoing: No
Plaintiffs
Plaintiff Description:
US Government
Plaintiff Type(s):
U.S. Dept of Justice plaintiff
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Case Details
Causes of Action:
FISA Title VII targeting order (Sections 702, 703, 704), 50 U.S.C. 1881a, 1881b, 1881c
Available Documents:
Outcome
Prevailing Party: Plaintiff
Source of Relief:
Issues
General: