The Foreign Intelligence Surveillance Court was created by section 103(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(a)). It was originally comprised of seven district judges from seven circuits named by the Chief Justice of the United States to serve a maximum of 7 years. THE FOREIGN INTELLIGENCE SURVEILLANCE COURT
2005 Membership
In 2001, the U.S.A. Patriot Act (section 208) amended the Foreign Intelligence Surveillance Act to increase the number of FIS Court judges from seven to eleven, "of whom no fewer than 3 shall reside within 20 miles of the District of Columbia." The membership of the Court in 2004 was as follows.
Appointed Expires KOLLAR-KOTELLY, Colleen (Presiding) D.D.C. 5/19/02 5/18/2009 BENSON, Dee D.Utah 5/2004 5/2011 BROOMFIELD, Robert C. D.Ariz. 10/01/02 5/18/2009 CARR, James G. N.D.OH 5/19/02 5/18/2008 CONWAY, John E. D.N.M. 5/19/02 5/18/2007 DAVIS, Michael J. D.Minn. 5/18/99 5/18/2006 GORTON, Nathaniel M. D.Mass. 5/18/01 5/18/2008 HILTON, Claude M. E.D.Va. 5/18/01 5/18/2007 HOWARD, Malcolm N.C. 2005 2012 KAZEN, George P. S.D.Tex. 5/18/03 5/18/2010 ROBERTSON, James D.D.C. 5/19/02 5/18/2006
FOREIGN INTELLIGENCE SURVEILLANCE COURT OF REVIEW
The Foreign Intelligence Surveillance Court of Review was created by the Foreign Intelligence Surveillance Act of 1978 to review applications that were denied by the FIS Court. The Court of Review is comprised of three judges, one of whom is designated as the presiding judge, named by the Chief Justice of the United States from the U.S. district or appellate courts. Judges serve a maximum of seven years and are not eligible for redesignation.
Appointed Expires GUY, Ralph B. (Presiding) Sixth Circuit
to Presiding10/08/1998
5/18/20015/18/2005
5/18/2005LEAVY, Edward Ninth Circuit 9/25/2001 5/18/2008 WINTER, Ralph K. Jr. Second Circuit 5/18/2003 5/18/2010
*****The members are appointed by the Chief Justice of the Supreme Court.
Members of the Foreign Intelligence Surveillance Court of Review
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>>> Created in 1978 by the Foreign Intelligence Surveillance Act, the Foreign Intelligence Surveillance Court is a star chamber that secretly issues warrants for US agencies to electronically surveil or physically search parties thought to be engaged in terrorism. The court operates in complete secrecy. We don't even know the identities of the eleven judges who make up the FISC. The only publicly-available information it releases is the number of warrants it grants per year. To date it has received over 13,000 requests, and it has granted every single one of them. In a recent, unprecedented action, the Court declared that the "Justice Department's plan to allow prosecutors to become involved in intelligence investigations goes too far" [CNN]. (It also revealed that the FBI has lied to it in 75 cases.) Ashcroft has appealed this stinging rebuke, thereby invoking the Foreign Intelligence Surveillance Court of Review, which--as you might guess--reviews the decisions of the FISC. The Review Court has never met before now, since no agency or department has had reason to object to the Court's rubberstamping ways. Although the judges on the Foreign Intelligence Surveillance Court are a mystery, the three judges who comprise the Foreign Intelligence Surveillance Court of Review have been revealed. In the San Francisco Chronicle, Bob Egelko lists them:
--Judge Edward Leavy. Also 73, he is a semi-retired judge on the Ninth U.S. Circuit Court of Appeals in San Francisco, appointed in 1987. --Judge Laurence Silberman. At 66, he is a semi-retired judge on the U.S. Court of Appeals for the District of Columbia, appointed in 1985."
Guy, a former federal prosecutor, and Leavy have reputations as moderate conservatives. The outspoken Silberman is a conservative along the lines of Supreme Court Justices Antonin Scalia and Clarence Thomas, his longtime friends." |
Happy late b-day to you and me, and here comes S. Hannity, K. Rove's and R. Limbaugh's b-days. Caps rule!
So that's only two appointees during Clinton's administration and the rest under Bush, but all by a conservative Chief Justice.
From the looks of things they all were appointed by President Bush and not the democrats. Am I reading this right?
Looks like the Court of Review will have the final say.
Besides the American people, that is.