Still Another Reason

This time, another reason to eliminate the Federal government’s Star Chamber that is its FISA Court. The reason is in the lede:

The nation’s spy court has quietly approved a Justice Department request to review information tied to the Foreign Intelligence Surveillance Act (FISA) warrants that targeted former Trump campaign associate Carter Page as FBI Director Kash Patel seeks to hand over more Russiagate evidence to Congress.

The timeline of this…approval:

  • 6 June: DoJ filed its request with the FISA court
  • 17 June: FISA approved the request
  • 7 July: FISA made its approval public

That’s entirely too slow. DoJ—and the FBI—had their own copies of what they’d filed with FISA (didn’t they?); they had their own approval authority for the documents they owned. Aside from that, FISA has had its own copies of those filings, along with records of its deliberations of the related matters being considered with those filings for all these years. The judges on that court must have known that this day would come; of course, responsible and rational persons that they are, they’d already worked out at least the outlines of how they would respond. Taking 11 days to review that outline and to act on it is sloth. Taking an additional three weeks to make public their decision is irresponsible secrecy for the sake of secrecy.

That’s secondary, though. Coming ahead of that, and so obviating any need to consider any of that, is this: this court, as long as it’s going to operate entirely in secret, should have no say about the progress of an FBI or a DoJ investigation or about those agencies’ dispositions of materials associated with those investigations. To the extent our courts should be involved in such decisions, that should be the role, solely, of our public Article III courts, each of which is fully capable of handling classified information.

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