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View Diary: Dick Durbin: Secret FISA court 'fixed,' 'loaded' (206 comments)

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  •  I think there's an argument to be made (0+ / 0-)

    that the law supporting this secret court, and all its secret doings, is so blatantly unconstitutional that following it IS shirking constitutional duties.  It is unimaginable that the judges on the FISA Court, and the attorneys who appear before them, are not aware that these procedures flout every precedent in the nation's 200-odd-year history of Fourth Amendment law.    

    As I've said in other diaries: it is the secrecy of this court and all its proceedings that is the primary offense here.  Your argument that getting a FISA warrant is probably not all that different from getting a warrant for an ordinary court is probably accurate.  The trouble is, that isn't good enough.  Anything we say here just amounts to speculation -- and that's inadequate in a judicial system that's supposed to be transparent.  

    •  My question (0+ / 0-)

      Would be where in the Constitution does it say the Court can't be secret? Last time I checked with the Constitution it says that Congress has the authority to set up additional courts.  Only the Constitution set up the Supreme Court and the rules that go with that and Congress can do any other court they would like including any secret court. So, what would you basis be on it being UnConstitutional? Now, deeds are one thing but the Court itself being secret is another.  Where in the Constitution does it say courts have to be public? I myself am against secret things and private organizations etc but the Constitution doesn't put a   ban on secret courts the last time I checked.

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