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Last November, U.S. District Judge Robert Patterson snuffed requests for the Federal Bureau of Investigation to break down how many of its inquiries looked into criminal activity versus national security threats.
On Thursday, a different district court judge declined to release a secret interpretation of the Patriot Act that Savage sought.
"Section 215 of the Patriot Act authorizes the Government to apply to the Foreign Intelligence Surveillance Court for an order directing the production of 'any tangible things' for certain investigations," Judge William H. Pauley III summarized in his order. "The Government contends that its use of this authority is critical to countering national security threats. It represents that public disclosure of the Report would expose sensitive intelligence sources and methods to America's adversaries and therefore harm national security."
The New York Times and ACLU countered that two U.S. Senators sitting on the Intelligence Committee, Ron Wyden, D-Ore., and Mark Udall, D-Colo., undermined that assertion in comments made on the congressional record.
While Judge Pauley's opinion quotes several of these statements, it leaves out much stronger words the senators shared with Savage in subsequent reports.
On March 18, Savage reported that the senators told him that Americans would be "stunned" to know what the government believed the Patriot Act authorized.
"We would also note that in recent months we have grown increasingly skeptical about the actual value of the 'intelligence collection operation,'" the senators said, according to Savage. "This has come as a surprise to us, as we were initially inclined to take the executive branch's assertions about the importance of this 'operation' at face value."
On March 18, Savage reported that the senators told him that Americans would be "stunned" to know what the government believed the Patriot Act authorized.