The Senate Judiciary and Intelligence Committee received an extraordinary letter last month from U.S. District Judge John Bates of Washington purporting to represent the federal judiciary. In it, Bates criticized the Senate proposal to reform the Foreign Intelligence Surveillance Act (FISA) court and implied support for the House version.
The Senate bill would create a permanent special advocate tasked with challenging the government’s presentations before the FISA court and is more protective of civil liberties and privacy than the House version. But whatever the merits of Bates’ concerns — and other judges have dissented from it — he most assuredly does not speak for the third branch.
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