Spy Court Says It Lacks Authority To Declassify Its Records

By Sarah Martinson (September 17, 2020, 8:40 PM EDT) -- The U.S. Foreign Intelligence Surveillance Court has refused to release court documents related to government surveillance and attorney misconduct, finding that it can't disclose the information in light of a February ruling over the declassification of records. 

FISC Judge James E. Boasberg said in three nearly identical opinions Wednesday that the court doesn't have the authority to decide whether the American Civil Liberties Union, ProPublica and the Southeastern Legal Foundation have a First Amendment right to access the records.

Congress didn't authorize courts established under the Foreign Intelligence Surveillance Act, such as this one, to evaluate constitutional claims, and gave the courts...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!