a superior piece of recent reporting by Eric Lichtblau of the New York Times. His front-page story, “In Secret, Court Vastly Broadens Powers of #NSA,” might once have sent shock waves through Washington and perhaps the country as well. It did, after all, reveal how, in “more than a dozen classified rulings,” a secret FISA court, which oversees the American surveillance state, “has created a secret body of law” giving the NSA sweeping new powers.
Here’s the paragraph that should have had Americans jumping out of their skins (my italics added): “The 11-member Foreign Intelligence Surveillance Court, known as the #FISA court, was once mostly focused on approving case-by-case wiretapping orders. But since major changes in legislation and greater judicial oversight of intelligence operations were instituted six years ago, it has quietly become almost a parallel Supreme Court, serving as the ultimate arbiter on surveillance issues and delivering opinions that will most likely shape intelligence practices for years to come, the officials said.”
At most moments in American history, the revelation that such a secret court, which never turns down government requests, is making law “almost” at the level of the Supreme Court would surely have caused an outcry in Congress and elsewhere. However, there was none, a sign either of how powerful and intimidating the secret world has become or of how much Congress and the rest of Washington have already been absorbed into it.