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The judges take turns in one week duty cycles (http://fas.org/irp/news/2013/07/fisc-leahy.pdf http://fas.org/irp/news/2013/07/fisc-leahy.pdf). One can assume DO
by awinter-py 11y ago
The judges take turns in one week duty cycles (http://fas.org/irp/news/2013/07/fisc-leahy.pdf http://fas.org/irp/news/2013/07/fisc-leahy.pdf). One can assume DOJ is smart enough to avoid the judge who says no.
Page 8 of the PDF is worth a read. The head judge of the FISC is claiming that non-government entities have the opportunity to be heard by the court because they can (1) refuse a court order which (2) triggers a contempt hearing if (3) the DOJ permits it.
- schoen 11y ago> One can assume DOJ is smart enough to avoid the judge who says no. I can imagine that that happens to some extent, but it's quite a bit weaker than what you originally suggested (and maybe there are other factors that prevent or deter the applicants from exercising complete control over who reviews their applications).
- awinter-py 11y agoHmm, maybe. Given the court's secrecy and the general tendency of judges to defer to law enforcement on what constitutes an emergency, I assume there are cases where the gov't acts first and gets permission afterwards. If that's the case (and I recognize it's an if), and if every request is approved by the weak-willed judges (history suggests yes), then they have complete freedom to choose their judge.