Legal Commentary

DOJ Asks FISA Court to Review New Law in Secret Without Amicus Briefs

By Jeralyn

Via the ACLU (link will be up here shortly):

In a brief filed late yesterday with the Foreign Intelligence Surveillance Court (FISC), the Bush administration asked that any review of the new warrantless surveillance law be kept secret and that the court refuse to accept legal briefs from anyone other than the Justice Department itself. The government is responding to a motion the American Civil Liberties Union filed earlier this month asking the FISC to ensure that any proceedings relating to the scope, meaning or constitutionality of the FISA Amendments Act (FAA) be open to the public to the extent possible.

As to the lack of transparency the Bush Administration is seeking, the ACLU says: [More...}

“The government is proposing that the intelligence court should consider the constitutionality of the new surveillance law in proceedings that will be entirely secret. If the government’s request is granted, the court won’t hear arguments from anyone except the government and those arguments will be presented to the court in secret briefs. At the end of the process, the court will issue a ruling that is also secret. The process the government is proposing is completely unacceptable. Especially because the new surveillance law departs so significantly from the standards that have applied to government surveillance for the last 30 years, any proceedings relating to the new law’s constitutionality should be adversarial and as informed and transparent as possible.”

Separately, the ACLU and other groups have asked the U.S. District Court for the Southern District of New York to hold the new FISA Act unconstitutional. The webpage for the legal challenges to the new act is here.

Full post as published by TalkLeft on July 30, 2008 (boomark / email).