FISA Judges on Domestic Surveillance

March 30, 2006

Several former FISA judges have weighed in on the domestic surveillance issue, testifying before a Senate committee that they would like to see the courts play a greater role in any future surveillance and, in at least one case, questioning the president's right to perform warrantless wiretappings on Americans. According to the NYTimes,

Judge Harold A. Baker, a sitting federal judge in Illinois who served on the intelligence court until last year, said the president was bound by the law "like everyone else." If a law like the Foreign Intelligence Surveillance Act is duly enacted by Congress and considered constitutional, Judge Baker said, "the president ignores it at the president's peril."

Other outlets have taken issue with this version of events. Overall though, the hearing did present an unprecedented look at the normally secretive courts.

Re: FISA Judges on Domestic Surveillance

I don't know what that judge is thinking. Did Lincoln really suspend habeas on his own? Or was it legally ambiguous, and eventually the Senate went along with him?

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