EPIC has filed a motion seeking a preliminary injunction against the National Archives to compel the release of Brett Kavanaugh’s White House records about warrantless surveillance and the Patriot Act. EPIC argues that these records are essential to understand Kavanaugh’s views on privacy, and must be released prior to the Senate votes on the Supreme Court nominee. EPIC explained that the agency has already missed deadlines established by the Freedom of Information Act. EPIC filed suit against NARA on September 17 after NARA failed to process EPIC’s two urgent Freedom of Information Act requests. EPIC earlier sent two letters to the Senate Judiciary Committee highlighting concerns about Kavanaugh’s role in the creation of the Patriot Act, his defense of warrantless wiretapping in the White House, and his troubling opinion as a judge in Klayman v. Obama, which justified the warrantless collection of phone records of all Americans.
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