EPIC has settled a Freedom of Information Act lawsuit against the National Archives for records pertaining to Justice Kavanaugh's work on surveillance in the Bush White House post-9/11. EPIC will receive attorneys fees as part of the settlement. The records released to EPIC through the lawsuit revealed that Kavanaugh discussed warrantless wiretapping with program architect John Yoo. The records released to EPIC also show that, after the New York Times exposed the program, Kavanaugh exchanged hundreds of emails with White House and DOJ staff about the program, gathered legal justifications for the program, and drafted speeches defending warrantless wiretapping. Congress ended the controversial program in 2015, following extensive hearings. On the DC Circuit Court of Appeals in 2015, Judge Kavanaugh issued a surprising opinion on surveillance authority. Senator Leahy pursued Kavanaugh's views on surveillance during the Supreme Court nomination hearing.
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