A modest proposal for altering the structure of FISA Courts.
There must be a public advocate (attorney) to play the role of defense attorney against any invocation of special powers for surveillance in any FISA Court hearing.
There must be a process of discovery prior to the hearing (i.e., the DOJ must give the advocate everything they will be presenting in the case) and the public advocate will have an opportunity to argue against the stance of the DOJ if said public advocate is concerned about the legitimacy of the DOJ request.
There will be a rotating list of public advocates for FISA courts, all of whom shall be recommended by the House Judiciary Committee and all of whom must be confirmed by the Senate Judiciary Committee.
This means, the Executive (DOJ) prosecutes the FISA hearings with Executive Branch Attorneys.
The Judiciary Branch heats the cases with SCOTUS appointed judges.
And a Public Advocate argues against the Executive in the name of the Legislative branch.
I don't see the FISA courts every going away, so is this a reasonable alteration in how those courts operate?