To be honest I don't really understand the EFF's position. The FOIA explicitly applies only to executive branch government agencies. The FISA court is fully under the control of the SCOTUS.
"...agency" as defined in section 551(1) of this title includes any executive department, military department, Government corporation, Government controlled corporation, or other establishment in the executive branch of the Government (including the Executive Office of the President), or any independent regulatory agency..."[0].
I suppose it might be possible to go after the briefs and evidence presented by the DoJ to the FISA court with FOIA requests but anything you would get would be redacted to nothing.
My surprise was directed at the fact that people have this in a system advertised as democratic. I am quite well-acquainted with cases like those you quote.
Aye, but no Chinese without political involvement and no mental problems would freely claim (and believe!) he's a free man living under a democratic regime.
"In its response filed with the FISC today, the government offers a circular argument, asserting that only the Executive Branch can de-classify the opinion, but that it is somehow prohibited by the FISC rules from doing so."
It seems to me the FISA Court still has the power the make the ruling public, even if the government classified it. It wouldn't be the first time a judge overrules classified information, right?
It seems to me the judges are accomplices to the government (why would they still grant the warrants, if they already found it unconstitutional?), and even if there was some kind of conflict in the law, I assume they would know this could go to the Supreme Court and it would be solved there.
