Posted on 12/21/2005 8:37:29 AM PST by 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.
It said he didn't step down from his District Court judgeship, just his seat on the FISA court, which I guess is not fulltime.
I like that. I think from now on, if you see me refer to an Alpha Fifty Five, or maybe an Alpha Double Nickel, you'll know I'm talking about a clymer.
The media-DNC incest is really too amazing to be believed. I'm stunned by it every time.
thanx
Also, remember all the 'rat spokespersons asking why President Bush didn't get a warrant from this court, especially since the requests are almost always OK'd and don't take any more than 15 minutes to get. (The 15 minutes stuff is probably BS, but they were saying it.)
IMO there may have been very good reasons to circumvent this particular judge and possibly a couple others too.
Speed and secrecy often are all important in taking down a dangerous cell. This guy has undermined our efforts to defeat al Qaeda all along the line. They may have been afraid he'd tip al Qaeda off. (Or maybe WaPo or NYT--OK, all part of the same effort.)
It is time for the Rockefeller and Kennedy families to leave the national political scene. Their claim to "public service" has become tiresome. They are old political hacks, and everybody knows it. When John-John died, that was REALLY the end of Camelot.
What if he was the idiot that leaked this to the NY Times?
Zot-bait. I like that!
The President has the constitutional authority to do this. Any attempt by Congress to limit would be as unconstitutional as the Tenure of Office Act. It's called separation of powers.
al_Qaeda loves the Democrat Party. the Dems won't be satisfied until we're hit again, and those left alive will shift to "Bush didn't connect the dots" mode before the corpses of the victims are cold.
It is worth noting that this court turned down exactly one request during the entire clinton administration. I can't remember exactly what the guy's name was I think it was Wan Ho Lee, who was, for a time implicated in spying at Los Alamos until the government's case disintegrated IIRC.
That's even better. Bet Roberts will talk to the President before he appoints someone new.
I agree, except with the question.....what does Hillary and Bill have on this guy?
IMHO enough to play their game of IMPEACH BUSH...DON'T GET MADE GET EVEN!
How old is he? Probably near retirement anyway, so he uses this latest fake scandal to make a statement and get famous too, what an opportunity! Loved now by the media and the Dems, their latest hero!
" 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."
Just over a year ago, 32 terrorists invaded a school in Beslan and killed 335 hostages, most of them children.
Most of them young children.
I remember the horrible images of sobbing parents cradling the small, lifeless bodies in the school yard.
Chuck Hagel,Olympia Snowe and the Democrats want to protect anyone with ties to Al Queda, who might be plotting something similar-here.
The person or persons who exposed this policy are no different than Aldrich Ames and Robert Hanssen -only they gave away top secret war information- for free.
The traitors must be found, tried and convicted before they do any more damage to national security.
He didn't resign as a District judge, only from the special panel. So, he keeps his perks of power and that income flow.
The link in #47 mentions that he graduated from law school in 1965 after serving in the Navy.
He's no youngster, your theory may be correct.
Rockefeller is one of the leakers sounds like this judge is another one.
This is 100% BS.
This clinton leftist appointee was looking for an excuse to resign. It is probably because he had to actually work in a post 9/11 world.
This has all the stink of a fake protest resignation as the Carter appointee at the Greek Embassy in the lead up to the war. In that case a RETIRING diplomat "resigned" in protest over the Iraq policy. He was a nobody career hack who was never going to get the top job under republican administration.
I suspect this is similar sour grapes. This judge is not going to get any promotion in the current administration so he did a crocodile tear resignation.
Perhaps he is related to that fat liar from LA.
Well, I'm not so sure about that. I mean, the President has approved a number of these wiretaps without going through the FISA court. So, that being the case, how would a FISA judge be aware of the program?
C'mon...why would a clintoon appointee resign? There's more to this than meets the eye, IMHO.
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