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View Diary: Fooling Americans Abuout FISA (232 comments)

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  •  worth reading mrblifil (8+ / 0-)

    Perhaps in the future presidents will only take an oath to protect and defend the secret courts and their secrets laws.

    Secret court broadens NSA's powers, in secret
    Joan McCarter's diary today

    If we're going to really have that debate President Obama says he wants about the balance between security and liberty, we need a real starting point. That start should be a declassification of the court's decisions, and congressional hearings and oversight of the court.
    The secrecy and lack of transparency and accountability are huge problems. But those problems might be somewhat mitigated if the FISA court worked like any other court in the United States, with an adversary. But there is no mechanism in this secret court for someone to argue against the government. There's a "Court of Review" to hear challenges and appeals, but that almost never happens. How could it, when the decisions are kept secret? It's not even clear whether the companies that the court is ordering to turn over mountains of data can even appear before the court in most circumstances.

    This "parallel Supreme Court" has all the power of the highest court of the land, and more because there is no check whatsoever on the court. The members of the court are appointed by Chief Justice John Roberts, and currently all but one of them are Republican. There is no confirmation process for these judges, no advice and consent from anyone. It is operating in almost total secrecy. It is operating with no accountability. And its decisions are all classified.

    "Who are these men who really run this land? And why do they run it with such a thoughtless hand?" David Crosby

    by allenjo on Mon Jul 08, 2013 at 01:54:12 PM PDT

    [ Parent ]

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