Re:Massive, Illicit Bust of Edward Snowden Stuck to a War Mo...
by ceejayoz on Tuesday April 07, 2015 @09:03AM
(#9333652)
> The FISA court operates how it's supposed to. It approves the majority of requests because prosecutors can thoroughly evaluate each case before bringing it before the court. They approve everything because prosecutors can request that cases be strengthened before they're even presented.
Prosecutors can do that for non-secret courts, too, yet their requests are often denied. It's very unlikely that prosecutors take special extraordinary measures to never present a mediocre case to the court.
At the very least, I'd like to see vetted, security-cleared lawyers from the ACLU/EFF/etc. permitted to play the adversarial role found pretty much everywhere else in our legal system.
As the GP comment pointed out, people knew about these NSA programs in particular before Snowden. I certainly did. Just because you weren't paying attention to these issues until they were attached to a charismatic personality doesn't mean that no one else had any knowledge of them.
Congress did indeed debate the details of the Patriot Act. Once again, just because you find it boring to watch CSPAN doesn't mean that the issues weren't debated in open forum. You're conflating your lack of awareness with a secrecy that didn't exist.
The FISA court operates how it's supposed to. It approves the majority of requests because prosecutors can thoroughly evaluate each case before bringing it before the court. They approve everything because prosecutors can request that cases be strengthened before they're even presented.
The bottom line here is that all branches of the government approved of these programs. That's how our system works. If you don't like it then propose a new system, potentially one where every decision has to live up to your personal moral code of righteousness. Until then, we'll stick with doing the best that we can to make the right decisions using the process outlined in the constitution.