Tuesday, March 6, 2018

To fix FISA, appoint public advocates

If the the guidance continues to prohibit use of unverified information in FISA applications, Sessions must direct his agency's inspector general and the FBI's Office of Professional Responsibility to conduct a timely investigation into who was responsible for compiling the FISA warrants related to Page; whether any other FISA warrants have been submitted with similarly unverified information; and whether Justice or FBI officials attempted to hide or manipulate evidence in order to get their warrant approved by the FISA court.

In turn, the FISA court requires structural reform to restore the public confidence in its crucial work.

To that end, Congress should immediately begin work on legislation that would appoint 11 public advocates to the FISA court.

These advocates, although not directly representing those whose names have been presented to the court for surveillance, would try their best to represent their interests and present the best possible case against the government's position.

Whenever at least two of the 11 advocates raise concerns about the merits and evidence of a FISA application, all 11 advocates should review the case.

If a supermajority of these advocates share a similar concern, then the DOJ should be required to strengthen or withdraw their original warrant application.

Proposals for such FISA advocates have been suggested previously, but opposition from the executive and judicial branches has smothered the idea every time.

http://www.washingtonexaminer.com/to-fix-fisa-appoint-public-advocates/article/2650761

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