In a letter to EPIC, the Department of Justice’s National Security Division stated it will neither "confirm nor deny" the existence of a FISA application to monitor Trump Tower. After the President has charged that President Obama "had [his] wires tapped in Trump Tower,” EPIC filed an urgent FOIA request with the DOJ for the public release of any applications filed under "FISA" for wiretapping Trump Tower. In response to EPIC’s FOIA request, the DOJ has stated, "we can neither confirm nor deny the existence of records in these files responsive to your request." EPIC will challenge the agency's determination. The Senate Select Committee on Intelligence released a bipartisan statement rejecting the allegations, and House Speaker Paul Ryan stated on Thursday they have "seen no evidence" of wiretapping. EPIC also filed a related request for five categories of FISA applications related to the alleged surveillance of the Trump team. The DOJ provided the same response to EPIC to that request.
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by Ryan Calo, A. Michael Froomkin,