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View Diary: What If You Pulled Back the Curtain and Found a Real Wizard? (181 comments)

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  •  We could go ... (0+ / 0-)

    ... back to the old way of doing things, but that has some major complications involved as well, patbahn. Off the top of my head, there is the fact that more people are then "in the loop," and they might spill the beans about national secrets. Also, in the old system, prosecutors would go to the federal judge most likely to sign the warrant, and that could become more of a rubber-stamp. I don't like how the FISC judges are appointed now, and think they should be appointed evenly by the Minority and Majority Senate Leaders, but the old system could be an even bigger concern. Finally, there is the complexity involved. How long would it take to get your average Federal Judge up to speed on these systems, the detailed safeguards, etc.? I don't know the answer to that question.

    As for the opinions being advisory, I think that's good news. I want the Court looking at the Government's actions before they happen. The other way is to have the Government do it's business and then have the Court decide if it was legal after the fact. As for the opinions being classified, I can see where some need to be redacted heavily, but maybe not entirely classified "Top Secret." The reason for redaction is to avoid spilling the beans to the enemy. If they know the complete parameters of the U.S. search capabilities, they'll shortly find a way to defeat them.

    Rand Paul is to civil liberties as the Disney Channel is to subtle and nuanced acting.

    by Tortmaster on Fri Aug 23, 2013 at 01:13:46 PM PDT

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