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is that there were a series of
phone call records stored from
the washington, d.c. area code--
zip code, forgive me, and this
was a glitch, essentially,
because a switch missed read 202
for 20, which is the country
code for egypt.
we are allowed to collect a lot
of records about foarp
communications, but when you
start collecting a lot of
washington, d.c. phone records,
it's another story.
>> warner: now, had these
violations been reported to the
is that there were a series of
phone call records stored from
the washington, d.c. area code--
zip code, forgive me, and this
was a glitch, essentially,
because a switch missed read 202
for 20, which is the country
code for egypt.
we are allowed to collect a lot
of records about foarp
communications, but when you
start collecting a lot of
washington, d.c. phone records,
it's another story.
>> warner: now, had these
violations been reported to the
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infrequently, once in a while.
>> warner: now, equally
startling was your companion
poos, what the district court
judge, reggie walton, said to
you about the fisa court's
authority when you asked him
about this.
explain that a little more.
>> so he's the chief judge of
the secret spy court, the
foreign intelligence
surveillance court, that is
supposed to be the lynchpin for
the checks and balances on our
government spying programs.
it takes it really seriously.
it does everything in a
classified, secret skiff, but
infrequently, once in a while.
>> warner: now, equally
startling was your companion
poos, what the district court
judge, reggie walton, said to
you about the fisa court's
authority when you asked him
about this.
explain that a little more.
>> so he's the chief judge of
the secret spy court, the
foreign intelligence
surveillance court, that is
supposed to be the lynchpin for
the checks and balances on our
government spying programs.
it takes it really seriously.
it does everything in...
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foreign powers.
and the violations that are
documented in this memorandum
from the n.s.a.-- remember,
we're only seeing a partial
window-- we're seeing what the
n.s.a. headquarters reported in
a year's time, not what all the
other n.s.a. satellite offices
offered, but in those instances
they broke some of the privacy
rules, and they broke some other
rules that have to do with
foreign intelligence gathering.
the most striking probably #-r
example that people are taken by
is that there were a series of
foreign powers.
and the violations that are
documented in this memorandum
from the n.s.a.-- remember,
we're only seeing a partial
window-- we're seeing what the
n.s.a. headquarters reported in
a year's time, not what all the
other n.s.a. satellite offices
offered, but in those instances
they broke some of the privacy
rules, and they broke some other
rules that have to do with
foreign intelligence gathering.
the most striking probably #-r
example that people are taken by
is that there were a...
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plenty of busy dunkin' donutses
themselveses -- reggie walton
has a very busy docket himself--
and they have a very busy staff.
soso those lawyers receive the
information from the compliance
allegations, and they elevate to
the judge if it warrant it it
and that's a very practical
reason why it would be
impossible to be policing and
looking behind the government
when they report thousands of
violations.
>> warner: now, doesn't this
compliance or violations of
plenty of busy dunkin' donutses
themselveses -- reggie walton
has a very busy docket himself--
and they have a very busy staff.
soso those lawyers receive the
information from the compliance
allegations, and they elevate to
the judge if it warrant it it
and that's a very practical
reason why it would be
impossible to be policing and
looking behind the government
when they report thousands of
violations.
>> warner: now, doesn't this
compliance or violations of
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classified, secret skiff, but
it's a diligent careful court.
what he essentially said was
there are practical limitations
on what we can do and we must
trust the government to report
to us these violation because we
can't independently, with our
resources, ferret that out.
>> warner: and why can't the
court fer theatout, verifying
the information independently?
>> well, there are the obvious
issues of resources.
i mean, this is a court with a
number of judges who all have
plenty of busy dunkin' donutses
classified, secret skiff, but
it's a diligent careful court.
what he essentially said was
there are practical limitations
on what we can do and we must
trust the government to report
to us these violation because we
can't independently, with our
resources, ferret that out.
>> warner: and why can't the
court fer theatout, verifying
the information independently?
>> well, there are the obvious
issues of resources.
i mean, this is a court with a
number of judges who all have
plenty of...
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the idea in a fisa court you
need opposing councilility,
there needs to be somebody in
there other than government
lawyers?
>> i think this should add fuel
that we should be safely assured
violations are happening and
oversight is robust and full.
as for whether a privacy
advocate should be added to the
court, that's really not my
role.
that's one of the things that's
been mentioned on the hill.
there are other people who have
raised really good practical
questions about how in the dead
of night a privacy advocate can
be summoned to weigh in on
whether or not some collection
can take place.
the idea in a fisa court you
need opposing councilility,
there needs to be somebody in
there other than government
lawyers?
>> i think this should add fuel
that we should be safely assured
violations are happening and
oversight is robust and full.
as for whether a privacy
advocate should be added to the
court, that's really not my
role.
that's one of the things that's
been mentioned on the hill.
there are other people who have
raised really good practical
questions about how in the...
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whether or not some collection
can take place.
that's something for others to
hammer out.
but it clearly, these two things
together, raise questions about
the assurances we've received
from the administration.
whether or not some collection
can take place.
that's something for others to
hammer out.
but it clearly, these two things
together, raise questions about
the assurances we've received
from the administration.
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>> it's incliewr from the
document because it's really an
n.s.a. internal audit is how
many of these were reported to
the court.
a portion them should have been
that have to do with fisa
authorities, when you're looking
into americans' records and we
honestly don't have the rest of
the chain ton what was reported.
what we coknow is there are
thousands of them and the obama
administration has assured us
and the public before this came
out that it happens
infrequently, once in a while.
>> warner: now, equally
>> it's incliewr from the
document because it's really an
n.s.a. internal audit is how
many of these were reported to
the court.
a portion them should have been
that have to do with fisa
authorities, when you're looking
into americans' records and we
honestly don't have the rest of
the chain ton what was reported.
what we coknow is there are
thousands of them and the obama
administration has assured us
and the public before this came
out that it happens
infrequently, once in a...
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they look over it?
we don't.
i did find it interesting last
night when we asked senator
feinstein for her comment, ands
you know, senator feinstein has
been a pretty arch reporter--
>> warner: a member of the
intelligence committee.
>> exactly, and a very strong
ally for the government and
n.s.a. in supporting these
efforts.
she said that she feels the
subsector, subsection of
violation thereas she doesn't
have authority over, she should
now perhaps gain authority to
review some of those that have
to do with foreign
they look over it?
we don't.
i did find it interesting last
night when we asked senator
feinstein for her comment, ands
you know, senator feinstein has
been a pretty arch reporter--
>> warner: a member of the
intelligence committee.
>> exactly, and a very strong
ally for the government and
n.s.a. in supporting these
efforts.
she said that she feels the
subsector, subsection of
violation thereas she doesn't
have authority over, she should
now perhaps gain authority to
review some of...