Time to Revisit FISA
July 5, 2013
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It turns out the FISA court for reviewing surveillance requests has some flaws. First of all, all eleven FISA judges are appointed (or anointed) by Chief Justice John Roberts with no review or confirmation by Congress, the President, Justice Department or anybody else. Ten of the eleven current justices are Republicans. Worse, however, the FISA Court seems to be a simple rubber stamp for virtually all FBI or NSA requests to spy on… well, anyone.
Surveillance warrants are reviewed in secret with only the requesting agents present. There are no counter arguments
A Reuters investigation found that from 2001 to 2012, FISA judges approved 20,909 surveillance and property search warrants while rejecting only 10.
So really the whole FISA system is a sham. The judges are appointed without review, the review process takes place behind closed doors, and all requests are approved.