Government Filing in the FISC on Amicus Participation in 215 Litigation

Here's an interesting document. Back on October 17, the Center for National Security Studies moved before the FISA Court for public briefing in the latest application for a bulk metadata order under Section 215 (which called in the briefs section 501---the provision in question being section 501 of the FISA, section 215 of the Patriot Act, and section 1861 of Title 50. Got that?). The group's counsel, Kate Martin, sought "plenary consideration by the full court that includes an opportunity for amici curiae to submit a brief or briefs setting forth reasons why section 501 of the Foreign Intelligence Surveillance Act, 50 USC § 1861, does not authorize that bulk collection." The government has now responded, declaring that "This court has the inherent power to authorize an amicus curiae to submit a brief on an issue of law, if the Court determines that this would assist the Court." The government, therefore, thus does not object to Martin's filing a brief arguing that the law does not permit bulk collection. But, the government argues, the motion "should be denied . . . to the extent [it] goes beyond seeking participation as amicus curiae and seeks relief that would undermine the carefully structured statutory provisions setting out the ex parte and classified nature of FISA proceedings." The Center is not a party to the litigation, the government contends, and the court "should not open or disclose to the Center or the public any past or future business records dockets, as this would be inconsistent with FISA." The government also opposes the Center's request that the court sit en banc.