I am certainly glad the Senator brought that up. The court did issue a published opinion this past December where it noted that the FISA Court judges are: Not expected or desired to become experts in . . . foreign intelligence activities, and do not make substantive judgments on the propriety or need for a particular surveillance . . . Even if a typical FISA judge had more expertise in national security matters than a typical district court judge, that expertise would still not equal that of the Executive Branch, which is constitutionally entrusted with protecting national security. Those are the words of the judges on the FISA Court, the FISC. The court knows what to look for when it issues a warrant to tap someone's phone in North Carolina or Virginia. But when it comes to analyzing intelligence leads and deciding which foreign terrorists or spies should be surveilled, the court is simply not competent to make these judgments. That is exactly what the amendment would seek to have them do. This bill already contains numerous oversight reporting and numerous judicial provisions. Those of us who have gone out to look at the operations know how extensive and how carefully supervised they are. There is no reason to ask the FISC to take on the additional authority in the context of foreign targeting, especially where it could result in operational problems or the loss of intelligence and, as the judges have said, is beyond their competence.
Editor's note · Context
Discussing the limitations of the FISA Court in relation to national security surveillance.
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