Opinion and Order, In re Motion of ProPublica, Inc. for the Release of Ct. Recs.

The Court dismissed the motion for lack of jurisdiction.

Following the FISCR’s ruling in GID.CA.00013, 957 F.3d 1344, the Court held that “the FISC is not empowered by Congress to consider constitutional claims generally, First Amendment claims specifically, or freestanding motions filed by persons who are not authorized by FISA to invoke this Court’s jurisdiction. Id. at 3. Because the “reasons why the FISCR found it unwarranted to exercise ancillary jurisdiction over the ACLU motion apply to ProPublica’s, the FISC is foreclosed from doing so here.” Id.