Democratic senators demand release of secret FISA court ruling on surveillance filters

Two Democratic senators who oversee intelligence committees allege that the Trump administration is illegally withholding a secret Foreign Intelligence Surveillance Court opinion that challenges the legality of certain search filters used under Section 702 of the FISA. The court had objected to these filters for lacking the written justifications and records the law requires, but still approved another year of surveillance.

Although the opinion was issued seven months ago, it remains classified and the statutory 180-day declassification deadline passed on September 13. Wyden and Schiff have sent a demand letter to Director of National Intelligence Jay Clayton and Attorney General Todd Blanche, requesting an explanation and the identities of officials responsible by November 6. Outside groups, including the ACLU and Project for Privacy and Surveillance Accountability, have called on lawmakers to refuse reauthorizing Section 702 while the administration continues to withhold the mandated information.