The uselessness of this institution as a true check on surveillance abuses is obvious because the FISA court lacks virtually every attribute of what our society generally understands as the minimal elements of a justice system. It meets in complete secrecy; only one party—the government—is permitted to attend the hearings and make its case; and the court’s rulings are automatically designated “Top Secret.” Tellingly, for years the FISA court was housed in the Department of Justice, making clear its role as a part of the executive branch rather than as an independent judiciary exercising real
...more
