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International Law,
Government,
Constitutional Law

Jan. 22, 2020

FISC: Who’s watching the watchers?

The FISC should have applied the same standard for its amicus appointment as for the judges themselves, or that of an appearance of impropriety.

Jeffrey A. Aaron

Public Defender
Mendocino County Public Defender's Office

3801 University Ave Ste 700
Riverside , CA 92501

Phone: (951) 276-6346

Fax: (951) 276-6368

Email: Jeffrey_Aaron@fd.org

Rutgers Univ SOL; Camden NJ

Jeffrey is a certified specialist in criminal law by the State Bar of California Board of Legal Specialization.

FISC: Who’s watching the watchers?
The J. Edgar Hoover Building, where the FBI is headquartered, in Washington, Dec. 9, 2019. A new order indicated that the secretive Foreign Intelligence Surveillance Court will weigh any FBI proposals to overhaul its process for seeking permission to start national-security wiretaps. (New York Times News Service)

Many legal scholars and practicing attorneys have criticized the Foreign Intelligence Surveillance Court (FISC), arguing that the secret court functions as a rubber stamp for the prosecution. There is neither defendant nor defense counsel present; indeed, no party other than the government appears, and the only evidence submitted comes from government lawyers.

From its creation in 1978 through 2012, the FISC approved 33,942 electroni...

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