The FISA Court’s standing order said to delete records over five years old. The NSA asked to keep the records beyond five years due to pending litigation. The FISC — comprised of Article III district judges — said no. They must be destroyed. But, the district judge in pending litigation has now ruled that the records must NOT be destroyed. What’s a responsible bureaucrat to do? Appeal to the FISA Court of Review? Appeal to the Circuit Court of Appeals? We’ll have more to say on this, but here is the AP’s story:
Judge’s order preserves NSA surveillance records http://m.apnews.com/ap/db_289563/contentdetail.htm?contentguid=bnYMeIod (from @AP)
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