nationalsecuritylaw new FISC Rules of Procedure

* New FISC Rules of Procedure

Steve Aftergood has the link, and very useful commentary, here.

Two important points highlighted by Steve:

(i) The FISC remains obligated under its own Rule 3 to comply with EO 13526, which among other things prohibits disclosures of classified information absent review by the classifying agency (Steve explains how this sheds light on otherwise ambiguous language in another part of the new rules).

(ii) On the other hand, a separate provision in the Rules expressly authorizes the FISC’s presiding judge “may provide copies of Court orders, opinions, decisions, or other Court records to Congress.”


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