On Mon, Nov 18, 2002 at 01:03:05PM -0800, Eric Cordian wrote: > So we not only have secret courts, we have secret appeals courts to > reverse secret court decisions the government doesn't like.
I'd urge folks to read the redacted opinion, available here: http://www.cadc.uscourts.gov/common/newsroom/02-001.pdf On the last page or so, there's a truly remarkable sentiment: Even without taking into account the President's inherent constitutional authority to conduct warrantless foreign intelligence surveillance, we think the procedures and government showings required under FISA, if they do not meet the minimum Fourth Amendment warrant standards, certainly come close. We, therefore, believe firmly, applying the balancing test drawn from Keith, that FISA as amended is constitutional because the surveillances it authorizes are reasonable. The judges are explicitly acknowledging that the FISA rules, as amended by USA Patriot, violate the Fourth Amendment -- but that's okay SINCE IT'S CLOSE ENOUGH FOR GOVERNMENT WORK, apparently. -Declan
