Trust Us

Well, Greta Van Susteren says she knows the guy, so it must be all right.

Granted, I didn’t know Greta Van Susteren, so I had to do a little checking around to see if I could trust Greta enough for her to tell me that Reggie B. Walton is OK.

Don’t know Reggie B. Walton?

Join the club, but I can now tell you that he is the presiding judge of the Foreign Intelligence Surveillance Court. And he came out in a rare statement bristling at the idea that the court—which had 1856 petitions last year and approved all 1856 of them—is a rubber stamp. Here, with the impartiality for which this family of wordsmiths is famous, is what the guy said:

“The perception that the court is a rubberstamp is absolutely false. There is a rigorous review process of applications submitted by the Executive Branch, spearheaded initially by five judicial branch lawyers who are national security experts, and then by the judges to ensure that the court’s authorizations comport with what the applicable statutes authorize.”

Here’s the deal with the FISA courts—they only hear one side of the story. In every other court in the United States, the opposition gets a chance to come forward, state his defense, and have a judge or jury weigh in. But FISA listens to the government’s case, and then decides.

So that means, that you and I never had a say in the question of whether Verizon turned over your call history to the government. Oh, and not just your call history but your Internet history and also your snail mail, which is photographed—every single last piece of it. All of which can be accessed by the government by petitioning the “rigorous” FISA court, so famously not a rubber stamp.

OK—here’s the dope on Walton: he grew up in Donora, Pennsylvania, a steel town, and was dabbling in gangs when he saw a friend nearly get killed. So that sobered him up, and he went to West Virginia State College on a football scholarship and then to The American University, Washington College of Law for his law degree. Here’s Wikipedia on Walton:

Walton served as an Associate Judge of the Superior Court of the District of Columbia from 1981 to 1989 and from 1991 to 2001. He also served as associate director of the Office of National Drug Control Policy. In 2001, he was nominated to the federal bench by President George W. Bush, and subsequently confirmed by the U.S. Senate. In 2004, Bush appointed him to chair the National Prison Rape Elimination Commission, investigating ways to curb prison rape. In May 2007, Chief Justice of the United States John G. Roberts Jr. appointed him to a seat on the Foreign Intelligence Surveillance Court.[3]

The Washington Post reported, "fellow judges and lawyers who appear before him say Walton's decisions do not appear to be guided by politics but by a tough-on-crime mentality." Walton is known by local defense attorneys as a "long ball hitter" - a judge willing to impose long sentences in order to deter future crimes.[3] In fall 2005, the judge was driving his wife and daughter to the airport for a vacation when he came across an assailant attacking a cab driver on the side of the road. Walton tackled the assailant and subdued him until police arrived. The D.C. police spokesperson noted in response, "God bless Judge Walton. I surely wouldn't want to mess with him."[3]

OK—that’s a good story. Sounds like the kind of guy you could trust to make the right decision, right? And I like it that Walton was the guy who sent Cheney’s chief of staff, Scooter Libby, to jail.

Now then, what about Roger Vinson.

Having another “who he” moment?

He’s the Florida judge who authorized the government to demand that Verizon turn over your telephone history (assuming you’re a Verizon customer—but don’t worry, because all of the wireless providers have done so).

OK—Walton may be OK, this guy is questionable. Good news—he’s moderate on drug sentencing. Bad news, he’s a Tea Party conservative who even he acknowledges gives out draconian sentences. He also is the author of the famous broccoli quote:  “If they decided that everybody needs to eat broccoli because broccoli is healthy they could mandate that everybody has to buy a certain amount of broccoli each week.”

One piece of good news, via Huffington Post: “Vinson is known for his love of the flowering camellia tree. He is a longtime member of the Pensacola Camellia Club and is a former president of the American Camellia Society.”

Well, it’s a thing to know….

Here’s something else to know—Vinson’s order to Verizon expires on 19 July—in twelve days. Presumably, someone will walk into the E. Barrett Prettyman United States Courthouse and ask Vinson or another judge to approve the petition for another three months.

Will we know? Will anyone be around to argue the case for NOT collecting the data?

Don’t think so.

Earlier this week, I was watching Rachel Maddow explain—as only she could—how the FBI has killed 70 people and shot another 80. Here’s the New York Times quoting the FBI:

“The F.B.I. takes very seriously any shooting incidents involving our agents, and as such we have an effective, time-tested process for addressing them internally,” a bureau spokesman said.

It may be that the FBI takes shooting incidents seriously, but guess how many of 150 shootings have been found to be justified? That’s right—all 150 of them. And, like the FISA courts, this is wholly internal—no district attorney can declare that the death of, for example, a young Chechen was a homicide committed by agents of the Federal government. A young Chechen whose family retrieved the body, and discovered it with six bullet holes, including one fired point blank to the temple.

More than ever, I am mistrusting my government. We have got to find a way of putting advocates for civil liberties to argue the case for privacy in every FISA petition.

And we gotta do it quick.