The Justice Department has admitted that “it misled a federal Appeals Court during oral arguments last month in a case reviewing whether the government should be able to secretly conduct electronic surveillance of Americans without a warrant.” National Journal,
In a newly unsealed letter, a Justice Department lawyer told the U.S. Court of Appeals for the 9th Circuit that it spoke erroneously when describing the disclosure restrictions placed upon the FBI’s use of so-called national security letters. NSLs, as they are often referred, can compel companies to hand over communications data or financial records of certain users to authorities conducting a national security investigation…
“That suggestion was mistaken,” wrote Justice Department lawyer Jonathan Levy. “We regret this inadvertent inaccuracy and apologize for any confusion that may have been caused.”
Levy additionally noted the letter, addressed to the Appeals Court, was an attempt to “correct that error.”
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