FISA, the NSA, and America’s Secret Court System

6672Ben O’Neill writes in today’s Mises Daily: 

The dubious nature of the FISA court is well-understood within the wider judicial system, a fact which was clear in the Klayman preliminary judgment. The stark distinction between the secretive FISA court and the public court system was recognized by Judge Leon when he observed that, “… no court has ever recognized a special need sufficient to justify continuous, daily searches of virtually every American citizen without any particularized suspicion. In effect, the government urges me to be the first non-FISC judge to sanction such a dragnet.”[14] It is notable here that Judge Leon felt that it was significant that he was the first non-FISC judge to consider the matter, a tacit recognition that the judgments of the FISC cannot be regarded as true constitutional scrutiny.

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