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

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  •  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  As this page shows, Silberman has since been replaced by Winter.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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