A future Justice and a future Facebook executive sit in the GW Bush White House and ponder the dean of Fourth Amendment experts, @OrinKerr. (From a cache emails emerging from a FOIA lawsuit that began way back in the Kavanaugh confirmation days epic.org/foia/nara/kava…) 
@OrinKerr More emails among these two trying to assemble a case for the president to engage in warrantless surveillance--again, now a Supreme Court Justice and Facebook's global VP of public policy.
@OrinKerr And then there's my favorite...
@OrinKerr It's more of a mystery than anything. An email from Brett to Joel dated 1/4/06 at 1:02 a.m. that's been withdrawn from the release in full by NARA. They don't even give us the subject line, which they usually do. The reason for withholding was one I'd never seen before - "PRM."
@OrinKerr I had to cast around a bit, but I found another Bush Library doc that includes a key. "PRM" is the code for a "misfiled" presidential record under particular exceptions in the statute.
Those exceptions are for diary entries, personal notes, and "private political associations."
Those exceptions are for diary entries, personal notes, and "private political associations."
@OrinKerr It's the only page in the entire tranche of records, which all include the keyword "Surveillance," that's withheld using that code. So, based on all that, I suspect this secret, personal, 1a email from Brett Kavanaugh to Joel Kaplan mentioning surveillance is pretty entertaining.
@OrinKerr With profound apologies to Professor Kerr for dragging him along as I went down this rabbit hole, the end.
