A Look At America's Secretive Surveillance Court

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The Foreign Intelligence Surveillance Court

Under the Foreign Intelligence Surveillance Act of 1978, the government is required to obtain a judicial warrant — similar to those issued in criminal investigations — before federal intelligence agencies can conduct electronic surveillance and gather intelligence within the United States in the interest of national security. The Foreign Intelligence Surveillance Court was established by Congress to approve or deny warrant applications related to national security investigations.

For Secretive Surveillance Court, Rare Scrutiny In Wake Of NSA Leaks -- Washington Post

Wedged into a secure, windowless basement room deep below the Capitol Visitors Center, U.S. District Court Judge John Bates appeared before dozens of senators earlier this month for a highly unusual, top-secret briefing.

The lawmakers pressed Bates, according to people familiar with the session, to discuss the inner workings of the United States’ clandestine terrorism surveillance tribunal, which Bates oversaw from 2006 until earlier this year.

Bates had rarely spoken of his sensitive work. He reluctantly agreed to appear at the behest of Senate Intelligence Committee Chairman Dianne Feinstein (D-Calif.), who arranged the session after new disclosures that the court had granted the government broad access to millions of Americans’ telephone and Internet communications.

The two-hour meeting on June 13 featuring Bates and two top spy agency officials — prompted by reports days earlier by The Washington Post and Britain’s Guardian newspaper about the vast reach of the programs — reflects a new and uncomfortable reality for the Foreign Intelligence Surveillance Court and its previously obscure members. Within the past month, lawmakers have begun to ask who the court’s judges are, what they do, why they have almost never declined a government surveillance request and why their work is so secretive.

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My Comment: So much for respecting the constitution.