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View Diary: Secret FISA Court ruling: NSA illegally collected tens of thousands of domestic communications (385 comments)

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  •  All courts rely (1+ / 0-)
    Recommended by:

    on other government entities to enforce compliance with their rulings. For example, have you ever known someone who is on probation? If so you'd realize that once the court has ruled, they rely on probation officers to monitor compliance and report back to the judge.That's how all courts work - including FISC.

    Almost everything you do will seem insignificant, but it is important that you do it. - Mahatma Gandhi

    by NLinStPaul on Wed Aug 21, 2013 at 07:25:26 PM PDT

    [ Parent ]

    •  The enforcement mechanisms act under the (1+ / 0-)
      Recommended by:
      Thomas Twinnings

      order of the court, you don't have probation unless a court orders it or contemplates it in its ruling. If a court's orders are unenforceable, no matter what the mechanism, then the court is a farce. You seem to imply by your argument that the courts are powerless without the executive agencies assent and that is upside down, the executive may not thwart the orders of the court through inaction or the rule of law is meaningless.

      The rule of law may be a dead letter in this instance because the executive is thwarting the court, if that is your argument, then by logical extension the rule of law is dead.

      "Intelligence is quickness in seeing things as they are..." George Santayana

      by KJG52 on Wed Aug 21, 2013 at 09:23:33 PM PDT

      [ Parent ]

    •  It's not always a government entity, sometimes (0+ / 0-)

      a private compliance committee is formed.

      I'm a tech geek, so I'll use a tech example.  When Microsoft and the DOJ settled their antitrust case, Microsoft had to live for a number of years under the terms of the settlement, so formed a compliance committee whose job was to make sure the company stayed within the terms of the settlement (generally by reviewing major decisions or strategies).  Every once in a while they might consult the judge that oversaw the case; generally such consultations were denied and they had to make their best judgment and only if someone decided to sue them would the judge step in and make a judgement as to whether the company had remained within terms of the settlement.

      My only point was that the compliance committee wasn't a government entity in that case, it was a privately formed committee within the company.

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