Misc. 19-02 Order Granting Extension Of Time (FISC 2020)

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This opinion or order relates to an opinion or order originally issued on January 15, 2020.

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Piled Unft d lt11t1s l'oFelgn Intelligence Surveillance Court JUN 2 3 2020 UNITED STATES LeeAnn Flynn Hall, Clerk of Court FOREIGN INTELLIGENCE SURVEILLANCE COURT WASHINGTON, D.C. IN RE ACCURACY CONCERNS REGARDING FBI Docket No. Misc. 19-02 MATTERS SUBMITTED TO THE FISC ORDER GRANTING EXTENSION OF TIME On April 3, 2020, in this docket, the Court ordered the government to take certain actions in response to a memorandum by the Department of Justice ' s Office oflnspector General regarding the Federal Bureau oflnvestigation' s noncompliance with its "Woods Procedures" in 29 applications examined by the OIG. See April 3, 2020, Order; DOJ OIG, Management Advisory Memorandum for the Director of the FBI Regarding the Execution of Woods Procedures for Applications Filed with the FISC Relating to US. Persons (March 2020) (OIG Memorandum). The Woods Procedures are intended to ensure the accuracy of facts proffered in applications submitted to this Court. As pertinent now, the Court ordered the government to assess "to what extent those 29 applications involved material misstatements or omissions" and, if so, whether they "render invalid, in whole or in part, authorizations granted by the Court for that target in the reviewed docket or other dockets." April 3, 2020, Order at 3. The Court further ordered the government, by June 15, 2020, to make "a sworn submission reporting on the conduct and results of [those] assessments ... , including the basis for assessing that particular misstatements or omissions were not material or otherwise did not render invalid any Court authorization." ld. On June 15, 2020, the government made a classified submission that provided such assessments for 14 of the 29 applications. See Supplemental Response to the Court' s Order Dated April3 , 2020, and Motion for Extension of Time at 1-2 (June 15, 2020). (The government has made available a redacted, unclassified version of that submission at https://www. justice.gov/nsd/page/file/ 128735 1/download.) The government also requested an extension of time to July 29, 2020, "to complete its assessment[s] of the remaining 15 of29 applications" and report them to the FISC, citing the need to work "subject to ongoing staffing restrictions imposed by the coronavirus outbreak without compromising other time sensitive or mission essential obligations." Id. at 3, 41. The Court finding good cause to grant the requested extension, IT IS HEREBY ORDERED THAT by July 29, 2020, the government shall make a sworn submission, as discussed above, reporting on the conduct and results of the assessments for the remaining 15 of the 29 applications reviewed by the DOJ OIG. SO ORDERED. I') IJ'L Entered this _t,.>_ day of June, 2020. 2

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