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National Archives Confirms Existence of Numerous Kavanaugh Records on Surveillance Programs

In response to EPIC's Freedom of Information Act suit, the National Archives has now confirmed that there are hundreds of records concerning Brett Kavanaugh's role in controversial White House surveillance programs, including warrantless wiretapping and the Patriot Act. The programs were later suspended, curtailed, or modified by Congress. The communication to EPIC revealed that Kavanaugh sent 11 e-mails to John Yoo, the architect of warrantless wiretapping; 227 e-mails about "surveillance" programs and the "Patriot Act;" and 119 e-mails concerning "CAPPS II" (passenger profiling), "Fusion Centers" (government surveillance centers), and the Privacy Act. The National Archives has processed roughly 300,000 pages of Judge Kavanaugh's records between 2001 and 2003. These records will be released this month pending White House approval. EPIC has warned that Kavanaugh, both as a top-level White House aide and then as a federal appellate judge, has shown little regard for the Constitutional privacy rights of Americans.

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