Jonathan Mayer writes:
Earlier this week, the Ninth Circuit heard oral arguments in a challenge to the NSA’s phone metadata program. While watching, I noticed some quite misleading legal claims by the government’s counsel. I then reviewed last month’s oral arguments in the D.C. Circuit, and I spotted a similar assertion.
In both cases, the government attorney waved away constitutional concerns about medical and financial records. Congress, he suggested, has already stepped in to protect those files.
With respect to ordinary law enforcement investigations, that’s only slightly true. And with respect to national security investigations, that’s really not right.
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