Intelligence Surveillance & Privacy

How the FISA Court Really Works

David Kris
Sunday, September 2, 2018, 5:29 PM

The president and his allies have a new line of attack against the Carter Page FISA application: the FISA Court did not hold a hearing to adjudicate the merits of the application. As one of the early peddlers of this line of argument put it on Twitter:

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The president and his allies have a new line of attack against the Carter Page FISA application: the FISA Court did not hold a hearing to adjudicate the merits of the application. As one of the early peddlers of this line of argument put it on Twitter:


David Kris is a founder of Culper Partners, with more than 30 years of experience in the private sector, government, and academia. He has been a corporate director, general counsel, deputy general counsel, and chief compliance officer; assistant attorney general for national security, associate deputy attorney general, and a trial attorney at the Justice Department. He serves on advisory boards for several government agencies and as a FISA Court amicus curiae. He is the author or co-author of several works on national security and teaches national security law. He is a member of the board of directors of Lawfare.

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