Intelligence Surveillance & Privacy

Document: Justice Department Did Not Rely on Whitaker in FISA Matters, FISC Says

Lev Sugarman
Friday, April 12, 2019, 2:35 PM

On Thursday, the Foreign Intelligence Surveillance Court issued an order stating that the government "has not relied on any action taken by [former Acting Attorney General Matthew Whitaker] in any submission to the court." The order, issued by Judge Rosemary Collyer, denied attorney Thomas C. Goldstein's motion to file an amicus curiae brief challenging Whitaker's authority to take action before the court on the basis that his appointment as acting attorney general was unlawful.

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On Thursday, the Foreign Intelligence Surveillance Court issued an order stating that the government "has not relied on any action taken by [former Acting Attorney General Matthew Whitaker] in any submission to the court." The order, issued by Judge Rosemary Collyer, denied attorney Thomas C. Goldstein's motion to file an amicus curiae brief challenging Whitaker's authority to take action before the court on the basis that his appointment as acting attorney general was unlawful. The order is available in full here and below.


Lev Sugarman is an intern at Lawfare and a research intern at the Brookings Institution focusing on national security law. He is a senior in the School of Foreign Service at Georgetown University.

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