The Norman Transcript

Nation/World

January 5, 2014

NSA to keep collecting phone records

WASHINGTON — A secretive U.S. spy court has ruled again that the National Security Agency can keep collecting every American’s telephone records every day, in the midst of dueling decisions in two other federal courts about whether the surveillance program is constitutional.

The Foreign Intelligence Surveillance Court on Friday renewed the NSA phone collection program, said Shawn Turner, a spokesman for the Office of the Director of National Intelligence. Such periodic requests are somewhat formulaic but required since the program started in 2006.

The latest approval was the first since two conflicting court decisions about whether the program is lawful and since a presidential advisory panel recommended that the NSA no longer be allowed to collect and store the phone records and search them without obtaining separate court approval for each search.

In a statement, Turner said that 15 judges on the U.S. Foreign Intelligence Surveillance Court on 36 occasions over the past seven years have approved the NSA’s collection of U.S. phone records as lawful.

Also Friday, government lawyers turned to U.S. Court of Appeals for the District of Columbia Circuit to block one federal judge’s decision that threatens the NSA phone records program.

The opposing lawyer who spearheaded the effort that led to the ruling said he hopes to take the issue directly to the Supreme Court.

The Justice Department filed a one-page notice of appeal asking the appeals court to overturn U.S. District Judge Richard Leon’s ruling last month that the program was likely unconstitutional. The government’s move had been expected.

Larry Klayman, who filed the class-action suit against President Barack Obama and top administration national security officials, said he intends to petition the federal appeals court next week to send the case directly to the Supreme Court. Klayman said the move was justified because the NSA case was a matter of great public importance.

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