Court Slams NSA for “Third Instance in Less Than Three Years” of Substantial Misrepresentation

I’m still plowing my way through the declassified FISA court ruling from 2011 that found one of the NSA’s surveillance programs unconstitutional. However, the gist of the opinion is that NSA had misled the court about whether U.S. persons could be caught up in the program’s dragnet, and the court was not happy about it. According to a footnote, it represented “the third instance in less than three years” in which a program had been misrepresented to the court. One of the other two instances is described below. The third one is redacted.

President Obama says he’s eager to have a national conversation about the NSA’s surveillance programs. I assume, then, that he’ll order the declassification of the other two FISA court opinions which found “substantial misrepresentations” by the NSA.


Headshot of Editor in Chief of Mother Jones, Clara Jeffery

It sure feels that way to me, and here at Mother Jones, we’ve been thinking a lot about what journalism needs to do differently, and how we can have the biggest impact.

We kept coming back to one word: corruption. Democracy and the rule of law being undermined by those with wealth and power for their own gain. So we're launching an ambitious Mother Jones Corruption Project to do deep, time-intensive reporting on systemic corruption, and asking the MoJo community to help crowdfund it.

We aim to hire, build a team, and give them the time and space needed to understand how we got here and how we might get out. We want to dig into the forces and decisions that have allowed massive conflicts of interest, influence peddling, and win-at-all-costs politics to flourish.

It's unlike anything we've done, and we have seed funding to get started, but we're looking to raise $500,000 from readers by July when we'll be making key budgeting decisions—and the more resources we have by then, the deeper we can dig. If our plan sounds good to you, please help kickstart it with a tax-deductible donation today.

Thanks for reading—whether or not you can pitch in today, or ever, I'm glad you're with us.

Signed by Clara Jeffery

Clara Jeffery, Editor-in-Chief

payment methods

We Recommend