Last night, Mitch McConnell introduced a bill for a 2-month straight reauthorization of the expiring PATRIOT provisions as well as USA F-ReDux under a rule that bypasses Committee structure, meaning he will be able to bring that long-term straight reauthorization, that short term one, or USA F-ReDux to the floor next week.
Given that a short term reauthorization would present a scenario not envisioned in Gerard Lynch’s opinion ruling the Section 215 dragnet unlawful, it has elicited a lot of discussion about scenarios going forward divorced from some evidence at hand. So I’m going to lay out what we know about both past telecom and FISA Court behavior.
Because of the details I lay out below, I predict that so long as Congress looks like it is moving towards an alternative, both the telecoms and the FISC will continue the phone dragnet in the short term, and the Second Circuit won’t weigh in either.
Read more on emptywheel.