To be honest I don't really understand the EFF's position. The FOIA explicitly applies only to executive branch government agencies. The FISA court is fully under the control of the SCOTUS.
"...agency" as defined in section 551(1) of this title includes any executive department, military department, Government corporation, Government controlled corporation, or other establishment in the executive branch of the Government (including the Executive Office of the President), or any independent regulatory agency..."[0].
I suppose it might be possible to go after the briefs and evidence presented by the DoJ to the FISA court with FOIA requests but anything you would get would be redacted to nothing.
"...agency" as defined in section 551(1) of this title includes any executive department, military department, Government corporation, Government controlled corporation, or other establishment in the executive branch of the Government (including the Executive Office of the President), or any independent regulatory agency..."[0].
I suppose it might be possible to go after the briefs and evidence presented by the DoJ to the FISA court with FOIA requests but anything you would get would be redacted to nothing.
[0] [pdf]: http://www.justice.gov/oip/amended-foia-redlined-2010.pdf