Matt Olsen Debriefs on FISA 702
The Lawfare Podcast
The Lawfare Institute
4.7 • 6.4K Ratings
🗓️ 17 April 2024
⏱️ 46 minutes
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Summary
Last week, the House passed an overhaul and reauthorization of the FISA 702 program, a bill which now heads to the Senate for final passage. In the run-up to Senate consideration of it, Assistant Attorney General for National Security Matt Olsen joined Lawfare Editor-in-Chief Benjamin Wittes to talk about the House bill. They talked about the new constraints it imposes on the Justice Department and the FBI, what it doesn't do, the warrant requirement that isn't there, some other provisions that have generated controversy, and the bill's prospects in the Senate this week.
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Transcript
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| 0:27.0 | The same thing is true of the Durbin Lee proposal in the Senate. |
| 0:37.0 | It is, it effectively operates as a prohibition on running queries with exceptions. |
| 0:42.0 | The ones I just mentioned, the terrorist attack, the assassination |
| 0:45.3 | plot, the cyber attack, those we would not be able to run, we would not have been able to run those |
| 0:50.1 | queries if those provisions, those proposals become law and you know they are absolutely |
| 0:55.8 | consistent with the court imposed query procedures that the courts that |
| 1:01.0 | have looked at the this the Pfizer court and the other courts, have deemed consistent with the Fourth Amendment. |
| 1:06.1 | So I just, I can't stress enough would be an absolutely catastrophic policy choice for Congress to impose such a requirement and it |
| 1:14.6 | fundamentally doesn't really address the kinds of things we were talking about before where we see |
| 1:19.0 | 99 98 percent compliance by the FBI last year. |
| 1:24.0 | I'm Benjamin Wittis, and this is the Law Fair Podcast, April 17, |
| 1:28.7 | 2024. |
| 1:30.6 | Last week, the House passed an overhaul and reauthorization of the FISA 702 |
| 1:37.0 | program a bill which now heads to the Senate for final passage. |
| 1:42.8 | There's a tight deadline, needs to be done by Friday, |
| 1:46.6 | and in the run up to Senate consideration of it, |
| 1:49.9 | Assistant Attorney General for National Security, |
| 1:53.0 | Matt Olson joined me in the virtual jungle studio |
... |
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