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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsThe G.O.P.’s Surveillance Judiciary By Scott Horton
... Ten of the courts 11 judges all assigned by Chief Justice Roberts were appointed to the bench by Republican presidents; six once worked for the federal government. Since the chief justice began making assignments in 2005, 86 percent of his choices have been Republican appointees, and 50 percent have been former executive branch officials.
Not surprisingly, the Times review shows that Roberts has fashioned a court in his own image: movement conservative, Republican, largely consisting of persons who previously worked in the government. In sum, Roberts has picked a court that can be relied upon to quickly approve any government request for surveillance, through whatever instruments and according to whatever rules the government wishes.
Equally consequential, to my mind, are the legal backgrounds of the judges selected. As Connecticut senator Richard Blumenthal, a career prosecutor, has explained, Judges who used to be executive-branch lawyers were more likely to share a get the bad guys mindset and defer to the Justice Department if executive-branch officials told them that new surveillance powers were justified.
The special judicial body put in place by FISA to check government surveillance activities has been transformed by John Roberts into a cheerleader for such programs. This judicial adulteration leaves NSA critics in Congress with little alternative but to push for laws establishing further limits on NSA activities though even if they manage to pass such a law, they must be wary of the demonstrated ability of the Justice Department, the NSA, and the FISA court to find secret understandings of statutes that justify unforeseen forms of overreach.
Not surprisingly, the Times review shows that Roberts has fashioned a court in his own image: movement conservative, Republican, largely consisting of persons who previously worked in the government. In sum, Roberts has picked a court that can be relied upon to quickly approve any government request for surveillance, through whatever instruments and according to whatever rules the government wishes.
Equally consequential, to my mind, are the legal backgrounds of the judges selected. As Connecticut senator Richard Blumenthal, a career prosecutor, has explained, Judges who used to be executive-branch lawyers were more likely to share a get the bad guys mindset and defer to the Justice Department if executive-branch officials told them that new surveillance powers were justified.
The special judicial body put in place by FISA to check government surveillance activities has been transformed by John Roberts into a cheerleader for such programs. This judicial adulteration leaves NSA critics in Congress with little alternative but to push for laws establishing further limits on NSA activities though even if they manage to pass such a law, they must be wary of the demonstrated ability of the Justice Department, the NSA, and the FISA court to find secret understandings of statutes that justify unforeseen forms of overreach.
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The G.O.P.’s Surveillance Judiciary By Scott Horton (Original Post)
Solly Mack
Jul 2013
OP
surveillance by the GOP, for the GOP -- who here thinks they're using it just on "terraists"
nashville_brook
Jul 2013
#5
cantbeserious
(13,039 posts)1. Kangaroo Courts To Support Illegal Surveillance
eom
Cali_Democrat
(30,439 posts)2. It should be called Ralph Nader's surveillance judiciary
He basically allowed Bush to steal the White House and appoint Chief Justice Roberts.
Hydra
(14,459 posts)4. Old meme is old
It's SCOTUS's project, and it's built exactly the way they wanted it be.
Hydra
(14,459 posts)3. And the glaring point we see in all of this
The (D) and (R) leadership are on the same page with this. The FISA court didn't suddenly start saying "NO!" when it was a (D) Presidency.
It worries me when people agree with Republican policies.
nashville_brook
(20,958 posts)5. surveillance by the GOP, for the GOP -- who here thinks they're using it just on "terraists"