E-mail:
Jack Balkin: jackbalkin at yahoo.com
Bruce Ackerman bruce.ackerman at yale.edu
Ian Ayres ian.ayres at yale.edu
Corey Brettschneider corey_brettschneider at brown.edu
Mary Dudziak mary.l.dudziak at emory.edu
Joey Fishkin joey.fishkin at gmail.com
Heather Gerken heather.gerken at yale.edu
Abbe Gluck abbe.gluck at yale.edu
Mark Graber mgraber at law.umaryland.edu
Stephen Griffin sgriffin at tulane.edu
Jonathan Hafetz jonathan.hafetz at shu.edu
Jeremy Kessler jkessler at law.columbia.edu
Andrew Koppelman akoppelman at law.northwestern.edu
Marty Lederman msl46 at law.georgetown.edu
Sanford Levinson slevinson at law.utexas.edu
David Luban david.luban at gmail.com
Gerard Magliocca gmaglioc at iupui.edu
Jason Mazzone mazzonej at illinois.edu
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Deborah Pearlstein dpearlst at yu.edu
Rick Pildes rick.pildes at nyu.edu
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Richard Primus raprimus at umich.edu
K. Sabeel Rahmansabeel.rahman at brooklaw.edu
Alice Ristroph alice.ristroph at shu.edu
Neil Siegel siegel at law.duke.edu
David Super david.super at law.georgetown.edu
Brian Tamanaha btamanaha at wulaw.wustl.edu
Nelson Tebbe nelson.tebbe at brooklaw.edu
Mark Tushnet mtushnet at law.harvard.edu
Adam Winkler winkler at ucla.edu
Citing a conversation with a former FISA Court judge, Margo Schlanger reports that there is "an annual lunch bringing together
FISA Court judges and legal advisors (and the Chief Justice) with the heads
of the CIA, NSA, and FBI" (Schlanger, "Intelligence Legalism and the National Security Agency's Civil Liberties Gap," 6 Harvard National Security Journal, 122,166 (2015).) I understand that official Washington is a rather small town, and judges bump into executive officials all the time (a point Justice Scalia made in his opinion on recusal in the Cheney case). This strikes me as relevantly different. On a scale from "completely appropriate" to "wildly inappropriate," where do you place this annual lunch?
In linked to the article and it is quite lengthy. Fortunately, it has a Table of Contents. So I jumped to P. 201 "C. A Public Advocate in the FISA Court" (under part "IV. Reforms" ). This runs to P. 204 and presents a strong case for such a public advocate. It's worth a read just to respond to this post's Pop Quiz.
Not to be a nag, but what accounts for the failure of the "usual suspects" to comment on this post? Is it fear of NSA peeping-tomming? Transparency and accountability in governance are critical to liberty.
Perhaps watching David Carr's last interview with Edward Snowden might gin up the "usual suspects" for comments on this pop quiz. "Freedom of the Press" is not doing its constitutional role well on this serious subject. I just finished reading Ashutosh Bhagwar's "Posner, Blackstone, and Prior Restraints on Speech" which focuses heavily on the distinct meaning of freedom of the Press Clause from the Speech Clause. It's a great read. A link is available at Larry Solum's Legal Theory Blog that provides Solum's editorial comments on the article's references to originalism. The author provides extensive history on the Press Clause. While the article does not reference the issue of this post, it provides background for Snowden's revelations about NSA and the role of the press (however now defined with technological changes since 1791 in communications) regarding those revelations. (The author has some funny lines on originalism that may not have amused Solum, assuming he caught them.) So consider this pop quiz as protected by the Press Clause.
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