The Cyberlaw Podcast: Examining the DOJ Inspector General’s FBI-FISA Report

Stewart Baker
Thursday, December 19, 2019, 10:51 AM

Published by The Lawfare Institute
in Cooperation With
Brookings

For this special edition of the Cyberlaw Podcast, we’ve convened a panel of experts on intelligence and surveillance legal matters. We take a look at the Department of Justice Inspector General’s report on the FBI’s use of FISA applications – and the many errors in those applications. We also touch on FBI Director Wray’s response, as well as a public order issued by the Foreign Intelligence Surveillance Court. We wrap up with thoughts on how to resolve some of the issues identified by the IG’s report and suggestions for improving the FISA process.

Joining me on the panel:

  • Bob Litt, former general counsel of the Office of the Director of National Intelligence.
  • David Kris, who wrote the book on FISA and previously headed the DOJ’s National Security Division, which is responsible for FISA warrants.
  • Bobby Chesney of the University of Texas School of Law, as well as a founder of Lawfare and co-host of the National Security Law Podcast.

The Cyberlaw Podcast is going on hiatus for the holidays. We’ll be back in January with more insights into the latest events in technology, security, privacy, and government.

Download the 294th Episode (mp3).

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As always, The Cyberlaw Podcast is open to feedback. Be sure to engage with @stewartbaker on Twitter. Send your questions, comments, and suggestions for topics or interviewees to CyberlawPodcast@steptoe.com. Remember: If your suggested guest appears on the show, we will send you a highly coveted Cyberlaw Podcast mug!

The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.


Stewart A. Baker is a partner in the Washington office of Steptoe & Johnson LLP. He returned to the firm following 3½ years at the Department of Homeland Security as its first Assistant Secretary for Policy. He earlier served as general counsel of the National Security Agency.

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