Remora

The Justice department scored another smashing triumph over that unnamed colluder of all terrorisms, your constitutional rights, today. According to the NYT, Judges Ralph B. Guy of the United States Court of Appeals for the Sixth Circuit; Edward Leavy of the Court of Appeals for the Ninth Circuit; and Laurence H. Silberman of the Court of Appeals for the District of Columbia Circuit, who were all appointed by Chief Justice William H. Rehnquist of the Supreme Court and make up an entity grandiosely called the United States Foreign Intelligence Surveillance Court of Review, overturned the first ruling against the government's wiretap request in an 'intelligence' investigation ever by a special secret lower court, which bears the bogus moniker of Foreign Intelligence Surveillance Act Court.

Now, LI's question is, how did these Kangaroo Courts come into existence? We are always ready, on this site, to bash Bush. But it turns out the Bush Justice department is merely magnifying trends that started in the previous administration, with the US PATRIOT act merely the enhanced, special effects version of Clinton's own anti-terrorism legislation. There's a fascinating review of the Kangaroo Intelligence Malarky courts by Patrick Poole here. The Courts were instituted under the Ford administration. Ford was, apparently, terribly afraid that the intelligence infrastructure was being hurt by the Church committee. In Poole's words:

"The FISA bill was a product of closed-door negotiations lasting several months between legislators and the Justice Department. Senator Edward Kennedy (D-MA), who had attempted to regulate the power of warrantless surveillance in four different sessions, sponsored the FISA legislation. The FISC concept was a compromise between legislators who wanted the FBI and National Security Agency (NSA), the only two agencies affected by the FISA statute, to follow the standard procedure for obtaining a court order required in criminal investigations and legislators. The federal agencies believed that they should be completely unfettered in conducting their foreign intelligence surveillance work inside US borders. Hence, the FISC was born."

The seventies was a regular cauldron of agencies being hatched to crawl across the American landscape in search of rights to devour. The orthodox historical account is that this was the decade in which the system of civil rights violations was unravelled, via the Church committee and several pieces of legislation mandating intelligence agencies to spill the secrets to selected congressional committees. LI has read several accounts of the era, and none mentioned FISC.

Poole, however, shows that FISC is not a monster summoned from the deep by Ashcroft in all of his evil. Rather, since the end of the Cold War -- during, that is, the administration of Clinton -- FISC went into overtime, ruling on twice the number of cases that were ruled on in Reagan's era. As always, the secret growth of some malign habit in one administration gets carried over to the next administration, regardless of party, to metastasize among the flags and desks. As for the vaunted independence of the judiciary -- a concept that can be disposed of only at the expense of all democratic processes -- forget about it! Yesterday's news! Montesquieu and all the rest of those guy never faced "pure evil," as we now like to call our opponents. Ah yes, "pure evil" calls for a whole bunch of special whoopass. So we go to FISC, which has the rigidity and integrity and independence of a wet strand of pasta. The reason FISC hit the news today was that the court, for the first time, questioned the nature of a case. That is, they decided that the over-ride of our rights in some "intelligence" case was really a criminal case. So the FISC appeals court was duly convened, and of course they trashed the idea that there are any rights that the Justice Department can't take away from us, in the name of National Security.

Where are all those Orwellites -- the Hitches and such, who are using Orwell as a prop to support an unjustifiable and unprovoked war? Perhaps they better come out of the corners. But of course -- they are too busy doing battle with such dangers to the republic, and all of Western Civ, as Susan Sontag. A few thousand dark skinned individuals being stripped of their rights by secret courts at the discretion of the Justice department doesn't really register on the list of current dangers.