Keith Gartenlaub seemed like he'd be the first person to challenge secret FISA court surveillance. Then an appeals court had a secret meeting with the government's lawyers.
America's top intelligence officials had a shady day in Congress.
"To determine if communicants are US persons, NSA would be required to conduct significant further research."
The court found an "institutional lack of candor on NSA's part and emphasized that this is a very serious Fourth Amendment issue."
A secret court just allowed the NSA to resume its bulk collection program.
But at least it beats the alternative, which was a civil liberties nightmare.
It has been four years since the FISC court turned down a government request to conduct surveillance.
The ongoing inability of outside observers to challenge the NSA remains appalling.