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Fisa Court Oversight: A Look Inside A Secret And Empty Process

By       Message Glenn Greenwald     Permalink
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Source: The Guardian

Obama and other NSA defenders insist there are robust limitations on surveillance but the documents show otherwise 

Since we began began publishing stories about the NSA's massive domestic spying apparatus, various NSA defenders --- beginning with President Obama -- have sought to assure the public that this is all done under robust judicial oversight. "When it comes to telephone calls, nobody is listening to your telephone calls," he proclaimed on June 7 when responding to our story about the bulk collection of telephone records, adding that the program is "fully overseen" by "the Fisa court, a court specially put together to evaluate classified programs to make sure that the executive branch, or government generally, is not abusing them." Obama told Charlie Rose last night:

"What I can say unequivocally is that if you are a US person, the NSA cannot listen to your telephone calls ... by law and by rule, and unless they ... go to a court, and obtain a warrant, and seek probable cause, the same way it's always been, the same way when we were growing up and we were watching movies, you want to go set up a wiretap, you got to go to a judge, show probable cause."

The GOP chairman of the House Intelligence Committee, Mike Rogers,told CNN that the NSA "is not listening to Americans' phone calls. If it did, it is illegal. It is breaking the law." Talking points issued by the House GOP in defense of the NSA claimed that surveillance law only "allows the Government to acquire foreign intelligence information concerning non-U.S.-persons (foreign, non-Americans) located outside the United States."

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Glenn Greenwald is one of three co-founding editors of The Intercept. He is a journalist, constitutional lawyer, and author of four New York Times best-selling books on politics and law. His most recent book, No Place (more...)

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