In a motion to correct the record, attorney Kurt Opsahl of the Electronic Frontier Foundation – which filed lawsuits in 2008 and 2013 against the NSA's phone record collection – said Walton was woefully misinformed.
The 2008 case, the EFF said in a Saturday filing to the FISC, remains pending and has a preservation of evidence order. The organization blamed government attorneys, not Walton, for the oversight.
“On February 26, 2014, movants contacted the Government and called to its attention its failure to inform this Court of the existing preservation orders. To movants’ knowledge, the Government did not attempt to correct the record before this court,” Opsahl wrote.