John Judis
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Investigate FISA
The United States needs a re-examination of the National Security Agency and other national security agencies, as well as the Foreign Intelligence Surveillance Court that is supposed to authorize their activities.
Source: New Republic
The defenders of government surveillance have used the media’s fascination with personalities to turn attention onto leaker Edward Snowden and away from what he disclosed. What Snowden’s leak should prompt is a re-examination of the National Security Agency (NSA) and other national security agencies and the Foreign Intelligence Surveillance Court (FISA) that is supposed to authorize their activities.Nancy Gertner, a former federal judge who teaches at the Harvard Law School, casts doubt on FISA’s. The court, whose members are appointed by Chief Judge Roberts, is stocked with conservatives, including Robert Vinson, who approved the NSA surveillance, and who earlier declared the Affordable Care Act unconstitutional. Its opinions are secret, and not subject to public debate.
Gertner, responding to a statement commending the FISA court, told a meeting in Washington, “As a former Article III judge, I can tell you that your faith in the FISA Court is dramatically misplaced. Two reasons: One … The Fourth Amendment frameworks have been substantially diluted in the ordinary police case. One can only imagine what the dilution is in a national security setting. Two, the people who make it on the FISA court, who are appointed to the FISA court, are not judges like me. Enough said.”
About the Author
Former Visiting Scholar
As a visiting scholar at Carnegie, Judis wrote The Folly of Empire: What George W. Bush Could Learn from Theodore Roosevelt and Woodrow Wilson.
- This Election Could be the Birth of a Trump-Sanders ConstituencyIn The Media
- Policy ChopsIn The Media
John Judis
Recent Work
Carnegie does not take institutional positions on public policy issues; the views represented herein are those of the author(s) and do not necessarily reflect the views of Carnegie, its staff, or its trustees.
More Work from Carnegie China
- The Spring and Autumn of Chinese PoliticsCommentary
China’s political future will be shaped between now and next October. As the Communist Party enters its intense “campaign season” to prepare for a major political transition in 2027, reading Beijing's actions and responses may become more difficult as domestic politics weigh on its behavior more than usual.
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The nuclear relationship between China and the United States is increasingly shaped by widening perception gaps rather than deliberate strategic design.
Tong Zhao
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But their "principal to principal" model will only be as effective as the political strength of each leader back home.
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- China Sells Stability Amid American VolatilityCommentary
U.S. unpredictability has allowed China to capitalize on its positioning as the “responsible great power”. Paradoxically, the more China wins the perception game, the more likely expectations will rise for Beijing to deliver not just words but to demonstrate with its deeds.
Chong Ja Ian
- When It Comes to Superpower Geopolitics, Malaysia Is Staunchly NonpartisanCommentary
For Malaysia, the conjunction that works is “and” not “or” when it comes to the United States and China.
Elina Noor