SNOWDEN FILES DECLARATION IN NSA SPYING CASE CONFIRMING AUTHENTICITY OF DRAFT INSPECTOR GENERAL REPORT | WHAT REALLY HAPPENED


SNOWDEN FILES DECLARATION IN NSA SPYING CASE CONFIRMING AUTHENTICITY OF DRAFT INSPECTOR GENERAL REPORT

EFF filed papers with the court in its long-running Jewel v. NSA mass spying case today that included a surprising witness: Edward Snowden. Mr. Snowden’s short declaration confirms that a document relied upon in the case, a draft NSA Inspector General Report from 2009 discussing the mass surveillance program known as Stellar Wind, is actually the same document that he came upon during the course of his employment at NSA contractor. Mr. Snowden confirms that he remembers the document because it helped convince him that the NSA had been engaged in illegal surveillance.

Mr. Snowden’s declaration was presented to the court because the NSA has tried to use a legal technicality to convince the court to disregard the document. The NSA has refused to authenticate the document itself. This is important because documents gathered as evidence in court cases generally must be authenticated by whoever created them or has personal knowledge of their creation in order for a court to allow them to be used. The NSA is claiming that national security prevents it from saying to the court what everyone in the world now knows: that in 2009 the Inspector General of the NSA drafted a report discussing the Stellar Wind program. The document has been public now for many years, has never been claimed to be fraudulent, and was the subject of global headlines at the time it was first revealed. Instead of acknowledging these obvious facts, the NSA has asserted that the plaintiffs may not rely upon it unless it is confirmed to be authentic by someone with personal knowledge that it is.

Enter Mr. Snowden.

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