December 19, 2005

Why not Sue in FISA Court?

After I wrote my original article it occurred to me that an entirely appropriate response to an unconstitutional secret intelligence search program that got around judicial oversight would be to file suit in the secret FISA court that normally grants these sorts of intelligence tap orders asking for injunctive relief to restore judicial oversight. All the players would have appropriate clearance. There would be no question of harming the war effort by filing the suit as the plaintiff would be one of the members of Congress privy to the information, the judge would have the appropriate clearances and anybody who's certified to appear on the Executive's behalf in front of the FISA court is also going to have the right clearances by definition.

So why didn't the minority leaders of either House of Congress sue? Why didn't either of the ranking committee members of the intelligence committtees do it? That's four Democrat leaders, one of them representing San Francisco, California (possibly the most liberal corner of the 50 states) who all passed on the opportunity to correct things without making a public circus of the correction. None of them did it. Nobody is asking why.

How strange.
How unusual.
It's almost like this is an entirely partisan circus where only Republicans get asked the tough questions.

Posted by TMLutas at December 19, 2005 01:57 PM