CNS News: What the Progressive Socialist Left Is Really Saying by Allen West:
These same individuals, leftists, aided by their complicit media accomplices, see nothing wrong with the violation of Fourth Amendment individual rights by a secret court, especially if the targets of that court are their political opposition.
The “Leftists,” as he calls them, were the first to speak when the FISA “secret court” got started in 1978 and then complained about all the amendments in the name of fighting terrorism, starting with October 2001’s USA PATRIOT Act and several times since then. Justifiably scared of terrorism, the USA PATRIOT Act was adopted six weeks after 9/11 essentially without being read by anyone in Congress. Also remember the FISA court’s progenitor is United States v. United States Dist. Court for Eastern Dist. of Mich., 407 U.S. 297, 299 (1972), 47½ years ago, which recognized the Executive Branch’s plenary Power over national security:
The issue before us is an important one for the people of our country and their Government. It involves the delicate question of the President’s power, acting through the Attorney General, to authorize electronic surveillance in internal security matters without prior judicial approval. Successive Presidents for more than one-quarter of a century have authorized such surveillance in varying degrees, without guidance from the Congress or a definitive decision of this Court. This case brings the issue here for the first time. Its resolution is a matter of national concern, requiring sensitivity both to the Government’s right to protect itself from unlawful subversion and attack and to the citizen’s right to be secure in his privacy against unreasonable Government intrusion.
The FISA court was a compromise to restrain executive power. National security searches are in Chapter 45 of the Treatise.
West’s point should be that the lack of transparency in a secret court leads to abuse. Also remember that Republican administrations ran DoJ from 1969-1977, 1981-1993, 2001-2009, and 2017 to now, for whatever that is worth. Moreover, the Chief Justice appoints the FISA judges, and the Chief Justice has been a Republican appointee since June 23, 1969. That’s over 50 years, and it will continue for at least another 20.
Alan West is always an entertaining read, whether you agree or not.