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View Diary: Federal Court Rebuffed *Ashcroft* about wiretaps (in 8/2002!) -- updated (143 comments)

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  •  How can we (none)
    find out the names of the judges on that special appeals court? This sounds really scary to me, and I'd like to know there is a public record on it. Can they just call up a special court whenever they don't get their way? Who decides who is on the court?  Adam B., where are you? We need the opinion of a lawyer, here, especially since Bush insists this gives him carte blanche to do whatever he damn pleases.

    "That story isn't worth the paper it's rotten on."--Dorothy Parker

    by martyc35 on Tue Dec 20, 2005 at 10:10:24 AM PST

    [ Parent ]

    •  At the time of the ruling (4.00)
      the Court of Review was made up of Silberman, Guy, and Leavy.  As this page shows, Silberman has since been replaced by Winter.

      The members of both the Foreign Intelligence Surveillance Court and the Foreign Intelligence Surveillance Court of Review are named by the Chief Justice.  That the Chief Justice must choose from judges previously confirmed by the Senate is the only check on the Chief Justice's control of both courts' membership.  What is the purpose of having a three member court review the decisions of an eleven member court, if the members of both courts are appointed by the same person without any confirmation process?  Perhaps it would be better to eliminate the Court of Review (which prior to 2002 had never met) and to allow appeals from the FIS court directly to SCOTUS.

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