FISA Court

Solicitor General Donald Verrill Jr. arguing before the Supreme Court. (Dana Verkouteren/Associated Press)

DOJ Still Ducking Scrutiny After Misleading Supreme Court on Surveillance

In October 2012, United States Solicitor General Donald Verrilli Jr. was in a tight spot. Seeking dismissal of a legal challenge against an NSA warrantless electronic surveillance program, the Department of Justice had taken the position that the rabble-rousers represented by the ACLU had no standing to sue because they couldn’t prove they had been subjected to surveillance. But who, if anyone, could prove they were harmed by a program cloaked in secrecy? <!--more-->