Newly released emails from the Bush Whitehouse reveal that Brett Kavanaugh and John Yoo, architect of the warrantless surveillance program, exchanges several messages about warrantless surveillance programs in the fall of 2001. The release follows EPIC's FOIA lawsuit for Justice Kavanaugh's records from when his nomination was before the United States Senate. The new records show that there were multiple emails about the warrantless surveillance program that was eventually overturned by the US Congress. The emails also reference a signing statement—likely for the 2001 authorization of military force — and a discussion thread "FISA [Foreign Intelligence Surveillance Act] letter." The agency previously identified several hundred e-mails about surveillance programs that Kavanaugh authored. But the text of many emails was withheld in full, leaving open questions about Kavanaugh's role in the post-9/11 surveillance programs.
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