EPIC has appealed the DOJ’s decision to “neither confirm nor deny" the existence of a FISA application to monitor Trump Tower. Following tweets by the President alleging that President Obama "had [his] wires tapped in Trump Tower,” EPIC submitted an urgent FOIA request with the DOJ’s National Security Division for public release of any FISA applications for wiretapping Trump Tower. In response, the DOJ stated on Friday that "we can neither confirm nor deny the existence of records in these files responsive to your request." Yet, in today’s hearing before the House Select Committee on Intelligence, FBI Director James Comey stated that both the FBI and the DOJ had “no information to support those tweets.” EPIC has appealed the agency's response to the FOIA request, stating "Based on the FBI Director’s statement today... the agency may not hide behind the “neither confirm nor deny" response," and the "agency should immediately process EPIC’s FOIA Request." The heads of the Senate and House Intelligence committees have also publicly rejected the allegations, along with House Speaker Paul Ryan. EPIC will continue to press the DOJ for release of the information.
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by Ryan Calo, A. Michael Froomkin,