Two recent orders by the Foreign Intelligence Surveillance Court highlight the need for an important but little-discussed reform that Congress should adopt before it reauthorizes three provisions of the Foreign Intelligence Surveillance Act that will expire on March 15.
One of those orders was by the new chief judge, James Boasberg, demanding further follow-up on the Department of Justice’s recent conclusion that at least two of the four ex parte orders authorizing surveillance of Carter Page lacked “sufficient predication to establish probable cause” — and were therefore issued in violation of FISA.
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