Judge Resigns Over Secret Surveillance

AP ^ | 12/21/05 | GINA HOLLAND

[smithone]

WASHINGTON - A federal judge has resigned from a special court set up to oversee government surveillance, apparently in protest of President Bush's secret authorization of a domestic spying program on people with suspected terrorist ties.

U.S. District Judge James Robertson would not comment Wednesday on his resignation, but The Washington Post reported that it stemmed from deep concern that the surveillance program Bush authorized was legally questionable and may have tainted the work of the court. The Post quoted two associates of the judge.

An aide to Robertson said the resignation letter submitted to Chief Justice John Roberts was not being released. Robertson did not step down from his district judgeship in Washington.

White House press secretary Scott McClellan would not comment on Robertson's reported resignation or the reasons cited for his departure. "Judge Robertson did not comment on the matter and I don't see any reason why we need to," McClellan said.

Robertson was one of 11 members of the secret Foreign Intelligence Surveillance Court, which oversees government applications for secret surveillance or searches of foreigners and U.S. citizens suspected of terrorism or espionage.

The court was established by Congress in 1978 and its members, appointed by the chief justice, do their work in private.

Quoting colleagues of Robertson, the Post said the judge had indicated he was concerned that information gained from the warrantless surveillance under Bush's program subsequently could have been used to obtain warrants under the FISA program.

Robertson was appointed a federal judge by President Clinton in 1994. Chief Justice William Rehnquist later appointed Robertson to the FISA court as well.

Robertson has been critical of the Bush administration's treatment of detainees at the U.S. naval prison at Guantanamo Bay, Cuba, most memorably in a decision that sidetracked the president's system of military tribunals to put some detainees on trial.

Robertson's resignation was reported hours after Vice President Dick Cheney strongly defended the surveillance program and called for "strong and robust" presidential powers.

Cheney — a former member of congress, defense secretary and White House chief of staff under President Ford — said executive authority has been eroding since the Watergate and Vietnam eras.

"I believe in a strong, robust executive authority and I think that the world we live in demands it," Cheney said.

"I would argue that the actions that we've taken there are totally appropriate and consistent with the constitutional authority of the president. ... You know, it's not an accident that we haven't been hit in four years," the vice president said, speaking with reporters Tuesday on Air Force Two en route from Pakistan to Oman.

Republicans said Congress must investigate whether Bush was within the law to allow the super-secret National Security Agency to eavesdrop — without warrants — on international calls and e-mails of Americans and others inside the United States with suspected ties to al-Qaida.

"I believe the Congress — as a coequal branch of government — must immediately and expeditiously review the use of this practice," said Sen. Olympia Snowe (news, bio, voting record), R-Maine.

Snowe joined three other members of the Senate Intelligence Committee, including Nebraska Republican Chuck Hagel, in calling for a joint inquiry by the Senate judiciary and intelligence committees.

Bush and his top advisers have suggested senior congressional leaders vetted the program in more than a dozen highly classified briefings. Several Democrats agreed said they were told of the program, but did not know the full details and had concerns.

West Virginia Sen. Jay Rockefeller, the Senate Intelligence Committee's top Democrat, on Monday released a letter he wrote to Cheney in July 2003 that, given the program's secrecy, he was "unable to fully evaluate, much less endorse these activities."

Senate Intelligence Committee Chairman Pat Roberts, R-Kan., pushed back Tuesday, saying that if Rockefeller had concerns about the program, he could have used the tools he has to wield influence, such as requesting committee or legislative action. "Feigning helplessness is not one of those tools," Roberts said.

[Kay]

Could this judge be the LEAKER and he is purposely resigning now so that he keeps his pension???

Also, if he is the leaker, this act of resignation affords him protection from the media because they will see it as going after the whistle-blower.

[Obadiah]

U.S. District Judge James Robertson was appointed by Clinton in 1994. He is a Clinton hack who is approximately 68 years old and is, in fact, really retiring. This is a big political stunt! Typical disingenuous liberal.

[theDentist]

The court "oversees government applications for secret surveillance or searches of foreigners and U.S. citizens suspected of terrorism or espionage."

They have been eavesdropping on international calls between U.S. Citizens and phones of Al Qaeda or suspected Al Qaeda contacts. Seems to fall right into the purvue of their job. So he must be resigning primarily because he's a liberal girly-man.

[BlessedByLiberty]

Wonder if the old Judge decided to resign in protest because he heard the Justice Department might just be looking at who leaked valuable classified operations to the New York Traitorous-Times?

Interesting that anyone either implicated, mentioned or are under investigation attack President Bush so that when the misdeeds hit the MSM arm of the DNC will call it "Bush retaliation for criticizing the Administration."

[confederacy of dunces]

What a great idea..........and definitely worth repeating.

:)

[deport]

(IBTZ???)

---

Why do you think as such?

[plain talk]

I think all liberal judges in this country should resign in protest. :-)

[leftcoaster]

Help me out here.

The FISA was/is supposedly a "secret" court.

But we now know the name and other details of one of the judges who composed the "secret" court, so his involvement, at least, is no longer a secret.

So who "outed" him? Was it illegal?

[RinaseaofDs]

A bit of good news to start the day. Hopefully this idiot retires so he doesn't damage some other jurisdiction.

[Galveston Grl]

I would bet he is the New York Times' leaker.

[strange1]

Robertson has been critical of the Bush administration

There you have it,

and as the old saying goes..Don't let the door hit you on your way out..

[lexington minuteman 1775]

Good point. If he's the leaker and they are on to him. He is bailing in hopes the heat dies down.

[Always Right]

If only 100 more would follow.

[San Jacinto]

the Post said the judge had indicated he was concerned that information gained from the warrantless surveillance under Bush's program subsequently could have been used to obtain warrants under the FISA program.

So what? You get evidence that the earlier calls to Pakistan sure enough involved plans to blow up Americans and this slime ball clintoon crony says "no warrant, buddy-- you got this info improperly"

So the Judge gets to raise a political stink by quitting FISA, but you can bet he stays on as a Federal Judge. Worthless POS.

[Jigsaw John]

An aide to Robertson said the resignation letter submitted to Chief Justice John Roberts was not being released. Robertson did not step down from his district judgeship in Washington.

Not being released?

White House press secretary Scott McClellan would not comment on Robertson's reported resignation or the reasons cited for his departure. "Judge Robertson did not comment on the matter and I don't see any reason why we need to," McClellan said.

No one is commenting?

I give it a week until someone gets a copy and leaks it to the MSM.

[Tarpon]

When he resigns his lifetime appointment, he just resigned from the FISA court, don't confuse the two, then it will actually mean something.

It's just a tryout for useful idiot flavor of the month. He got overturned and it pi$$ed him off.

Good riddance.

[kellynla]

another Leftie judge resigns?

EXCELLENT!

[smithone]

The Washington Post article is here:
Spy Court Judge Quits In Protest (James Robertson)

[deport]

The FISA was/is supposedly a "secret" court.

But we now know the name and other details of one of the judges who composed the "secret" court, so his involvement, at least, is no longer a secret.

---

I don't know who the judges are but here is a section from the law.... It says 'publicly designate'..... Thus I would take that to mean they are known to the public....

[....1803. Designation of judges


Release date: 2005-03-17

(a) Court to hear applications and grant orders; record of denial; transmittal to court of review
The Chief Justice of the United States shall publicly designate 11 district court judges from seven of the United States judicial circuits of whom no fewer than 3 shall reside within 20 miles of the District of Columbia who shall constitute a court which shall have jurisdiction to hear applications for and grant orders approving electronic surveillance anywhere within the United States under the procedures set forth in this chapter, except that no judge designated under this subsection shall hear the same application for electronic surveillance under this chapter which has been denied previously by another judge designated under this subsection. If any judge so designated denies an application for an order authorizing electronic surveillance under this chapter, such judge shall provide immediately for the record a written statement of each reason of his decision and, on motion of the United States, the record shall be transmitted, under seal, to the court of review established in subsection (b) of this section. ..]

End snip

http://64.233.187.104/search?q=cache:fel_69b7XMgJ:www.law.cornell.edu/uscode/html/uscode50/usc_sec_50_00001803----000-.html+fisa+court+judges&hl=en