Back in 2011, the Electronic Privacy Information Center sued to enforce a FOIA for documents on FBI’s investigation of WikiLeaks supporters. In response, the government cited an ongoing investigation exemption. But they also cited a statutory exemption, claiming some law prevented them from releasing the records on investigations into WikiLeaks supporters. Unusually, DOJ refused to name the law in question. For that reason, and because my suspicions of how Section 215 gets used suggested it would make a spectacular tool for investigating a group of WikiLeaks supporters, I suggested that the statute was likely Section 215.
Since then, we’ve seen indications of NSA involvement in the investigation into WikiLeaks, though without any details from before EPIC’s FOIA.
And until March 11, that’s where things stood, with the government claiming it couldn’t release records about its investigation into completely innocent supporters of a publishing outlet and the judge (who had been newly assigned to the case in April 2013) doing nothing with the government’s motion for summary judgement. Continue>>>