"I delayed doing so, in part, because Tulsi Gabbard has deprecated the link to the official version and so I need to go find a copy. But this post describes the substance of the opinion. This post describes how subsequent phone dragnet opinions relied on it. And this timeline explains how, after Kollar-Kotelly was just the second FISA Judge read into the unconstitutional Stellar Wind program, and after she raised concerns about it, a guy named Jim Comey refused to reauthorize it"
"When we last reviewed this difficult Fourth Amendment question, Kollar-Kotelly had simply waved her hands over the original sins of unscoped seizures and overseized data targeting Dan Richman - which she deemed plausible Fourth Amendment violations but not something she had to deal with, she said, because she had found the later search of that likely unscoped data was itself a violation of the Fourth Amendment and so could apply a bunch of DC precedents"
Judge Colleen Kollar-Kotelly authored a 2004 FISA opinion that enabled a decade of bulk collection on Americans and shaped later phone-dragnet rulings. She was the second FISA judge read into the Stellar Wind program and raised constitutional concerns. Jim Comey refused to reauthorize the program in its then form, prompting a hospital standoff and only limited, largely undisclosed changes. Kollar-Kotelly later wrote an opinion authorizing bulk collection that became the cornerstone for eleven more years of mass collection. In a Fourth Amendment matter she discounted initial unscoped seizures but found the later search violated the Fourth Amendment and sent the data to EDVA for warranted access.
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