emptywheel

Honest questions for my legal eagles: * Where is the FISA court on the subject of competing public memos? * If the allegation is the FBI lied to the court, shouldn’t the proper venue for redress be the FISC? * Do you predict the co-equal judiciary will weigh in on all of this?

1) Silent, as I imagine it will remain. 2) It depends on whether, even if there was a misrepresentation (color me skeptical), it was material under Franks v. Delaware. If not, there’s nothing to remedy. 3) There’s neither a reason nor a mechanism for it to do so.

(1) Unfortunately silent. (2) If "lies" then redress would be with Court, although I do think there is an oversight role for Congress to play given some Committee access to underlying applications. (3) I don't see why FISC could/would not order DOJ/FBI to respond if desired

Some other avenues: - Page would clearly have standing to sue (but could run into other weird problems) - Ordinarily, DOJ OPR would review allegations of misconduct against attorneys - If it's ever used in a criminal case, suppression motion.