MORE FROM THE FISA JUDGES

(Via Glenn Greenwald)

Anonymous Liberal paid for the transcripts from the Senate Judiciary hearing on Fiengold's censure motion and they show, as I noted below, that the Washington Times misrepresented the judges testimony.

Here's what A. L. found:

Judge Brotman said:

FISA has worked and worked well. It is a necessary court and its orders reflect the balance to which I have made reference. It has no ax to grind, this court. Judicial review provides confidence to the citizens of our country to know that a court has looked on what is being sought. Times change. Methodology changes. Equipment changes. Processes change. All these things can be and should be accommodated with the FISA Court.

Judge Stafford said:

As I approach my 75th birthday, it remains my belief that our nation is really held together by a couple pieces of paper -- the Declaration of Independence and the Constitution -- and the belief of the American people that our system of government works. FISA was created by Congress to clarify that the president had the authority to conduct foreign intelligence surveillance, but that the president would do so through a court composed of judges who had been nominated for lifetime appointments by a president and confirmed by the Senate as provided in Article III of the Constitution. This arrangement seems to have worked well for everyone.


Judge Allan Kornblum:

The presidential authority that is being used today is being used unilaterally. I think all of the judges agree with me that when the president operates unilaterally, his power is at its lowest ebb, as has been mentioned in judicial decisions.

I would also reiterate that the president doesn't have a carte blanche, that the courts are the arm of government that determines what the president's constitutional authority is.