Is FISA Out of Line?

[Valin]

Via Meadia

7/7/13

 

The American surveillance apparatus has come under more scrutiny than ever before in the wake of the Edward Snowden revelations. On Saturday, the New York Times expanded on this theme with a new piece arguing that the FISA courts, which review the constitutionality of the governments data collection programs, have effectively become a parallel Supreme Court with little oversight from the public or the rest of the legal system. The Times highlights one particularly egregious decision:

 

(Snip)

 

This is not exactly an unbiased take, as the experts quoted all seem to agree with the New York Times editorial board. Over at Outside the Beltway, James Joyner offers a more favorable view of the FISA courts, noting that the practice of creating a parallel court system to handle specialized cases is far from unusual, and that many of the constitutional decisions criticized by the NYT arent particularly surprising:

 

(Snip)

 

Congress needs to revisit this subject, and we would like to see a greater role for the Supreme Court in reviewing this emerging field of important constitutional law.

Sadly, the combination of rapidly changing communications technology and an evolving security threat means that these security questions will be with us for some time. It is therefore all the more important to ensure that the legal foundations of these programs be securely grounded in constitutional principles and that the operation of this system be appropriately overseen.

 

 

 

 

So......What Do You Want To Do?

[Draggingtree]

@NancyPelosi is being FAR too modest about her protection of FISA.

By: Moe Lane (Diary) | July 28th, 2013 at 10:33 AM |

 

I admit, Nancy Pelosi talks a good game about how she hates FISA on general principles:

 

When contacted, a Pelosi aide did not dispute the minority leader’s assertive role in influencing Democrats, but passed along a letter Pelosi sent to the president today raising skepticism about the NSA’s surveillance powers.

 

When contacted, a Pelosi aide did not dispute the minority leader’s assertive role in influencing Democrats, but passed along a letter Pelosi sent to the president today raising skepticism about the NSA’s surveillance powers.

 

“Dear Mr. President,” reads the letter. “Although the amendment was defeated 205-217, it is clear that concerns remain about the continued implementation of the program in its current form.

 

It’s 2008; Congress was controlled by Democrats. Specifically, Nancy Pelosi. She’s a progressive, right? So she’d be able to stop this legislation cold.

 

No, really. From my 2008 piece:

http://www.redstate.com/2013/07/28/nancy-pelosi-fisa-nsa-supporter/