EPIC has submitted two urgent Freedom of Information Act requests to the George W. Bush Library for records about Supreme Court nominee Brett M. Kavanaugh and various proposals for surveillance of the American public. Judge Kavanaugh served as Staff Secretary for President Bush between 2003 and 2006. During that time, many of the post-September 11 mass surveillance systems were implemented such as the warrantless wiretapping of Americans, which were later deemed unconstitutional, as well as Total Information Awareness, airport body scanners, and Real ID. The first EPIC FOIA request concerns staff files during his tenure at the White House and the second EPIC FOIA request concerns his e-mails. Judge Kavanaugh has stated that his time serving as Staff Secretary was “the most interesting, and in many ways, among the most instructive” to his work as a judge. Judge Kavanaugh also wrote an opinion on the D.C. Circuit Court of Appeals, defending mass surveillance, that surprised even conservative legal scholars.
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