Issue Position: FISA and NSA Courts

Issue Position

FISA (Foreign Intelligence Surveillance Act) has been criticized as being "too secretive". I don't think it's possible to be too secretive in a room full of attorneys and government agents. It has been criticized as being a "rubber stamp" court for the NSA. This refers to the 99% approval rate of submitted warrant applications. However, that criticism ignores the fact that the majority of FISA judicial review and oversight takes place during pre-submission procedures -- procedures put in place to make sure the submitted warrant request meets FISA judicial standards and legal precedent. This procedure means that many, perhaps 25% or so, are rejected initially but then are either re-submitted, based on FISA requirements, or pulled entirely. I have no problem with FISA. We must use every asset to keep America safe from terrorist attacks. Warrants for electronic surveillance is certainly an important tool and it needs to be used.

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