#4 The FISA judges are sort of the dogs that haven't barked yet here. I don't know one end of the FISA court from the other, but if an attorney appeared in any federal district court and pulled this little stunt, and the judge found out, the very best the attorney could hope for would be some choice words from the bench that would scorch the mahogany panelling off the courtroom walls. It is extremely bad professional karma to piss on a federal judge's shoes while solemnly assuring the judge that it is raining. (State court judges too, but that whole life-tenure thing makes a difference.)
So I'd love to be a fly on the wall when the FISA judges talk about this.
Also, it turns out that the FISA court has rules. One of them is Rule 13, which says:
Rule 13. Correction of Misstatement or Omission; Disclosure of Non-Compliance.
(a) Correction ofMaterial Facts. Ifthe government discovers that a submission to the Court contained a misstatement or omission of material fact, the government, in writing, must immediately inform the Judge to whom the submission was made of:
(1) the misstatement or omission;
(2) any necessary correction;
(3) the facts and circumstances relevant to the misstatement or omission;
(4) any modifications the government has made or proposes to make in how it will implement any authority or approval granted by the Court; and
(5) how the government proposes to dispose ofor treat any information obtained as a result ofthe misstatement or omission.
(b) Disclosure ofNon-Compliance. Ifthe government discovers that any authority or approval granted by the Court has been implemented in a manner that did not comply with the Court's authorization or approval or with applicable law, the government, in writing, must immediately inform the Judge to whom the submission was made of:
(1) the non-compliance;
(2) the facts and circumstances relevant to the non-compliance;
(3) any modifications the government has made or proposes to make in how it will implement any authority or approval granted by the Court; and
(4) how the government proposes to dispose of or treat any information obtained as a result ofthe non-compliance.
Maybe someone could argue that no correction is needed because (I assume) the surveillance has stopped, but Rule 13 doesn't say that. So, over to you, AG Sessions. Are you going to correct the record or not? |
