The San Francisco Chronicle reported this afternoon that Diane Feinstein has put forth a proposed compromise on the FISA telecom immunity dispute. Just what we need, more decisions by secret courts.
Senator Feinstein is proposing that the telecom cases be transferred from the Federal District Court in San Francisco to the Foreign Intelligence Surveillance Court.
In support of her amendment, Feinstein argues that it "forces the telecommunications companies to justify their actions before a federal court." Of course, that is exactly what already is in process, but apparently Feinstein thinks the matter would be best resolved in a secret court, beyond the public eye.
Seems like secret courts are popping up like mushrooms these days. I have yet to hear a coherent argument as to why these cases cannot be resolved in the district court, with rights of appeal to the 9th Circuit and ultimately the Supreme Court. These courts deal with sensitive information on a regular basis, and if there are in fact national security interests involved, the courts can and will protect them.
Feinstein's amendment would be one more nail in the coffin of open government and public accountability. It is not a compromise, it is capitulation.
http://www.sfgate.com/...