Press Release from the National Association of Criminal Defense Lawyers which submitted an Amicus Curiae brief in the FISA case opposing the position of the Justice Department:

NOVEMBER 18, 2002 -- FOR IMMEDIATE RELEASE

FISA court decision follows Justice Department arguments Fourth Amendment analysis shortchanged in foreign intelligence court decision

Washington, D.C.--In response to today's ruling in favor of the Justice Department's proposed further expansion of use of the Foreign Intelligence Surveillance Act, after the court had found multiple abuses by the Justice Department of the previous provisions of the act, Joshua Dratel, co-chair of the Amicus Curiae Committee of the National Association of Criminal Defense Lawyers, issued the following statement:

"Having found that the fox has eaten half the chickens, the court has decided that the fox should have more authority over the chicken coop. The court has abdicated its responsibility of meaningful Fourth Amendment analysis, and rolled back 25 years of precedent as to the proper boundaries between criminal investigation and foreign intelligence surveillance.

"We will continue to analyze the decision with an eye toward exploring all potential avenues for further review."

NACDL's Amicus Brief, authored by Joshua Dratel, is available here.