At Surveillance Oversight Hearing, Cohen Sheds Light on Extreme Partisan Tilt of Secret FISA Court

[WASHINGTON, DC] – At a House Judiciary Committee hearing today on the oversight of the federal use of surveillance and intelligence-gathering authorities, Congressman Steve Cohen (TN-09) shed light on the extremely partisan tilt of the secretive FISA Court that we entrust to balance our nation’s need for national security with every American’s right to personal privacy. While ten of the court’s eleven currently-serving judges were originally nominated to the federal bench by Republican Presidents, Congressman Cohen’s bipartisan FISA Court Accountability Act would help ensure a less partisan makeup. Video of the Congressman’s remarks is available here.

“This immensely powerful court can act as an important check on Executive Branch overreach,” said Congressman Cohen. “But it is unlikely to be an effective check if the vast majority of its members share similar views on personal privacy. Congress must do a better job of balancing appointments to and requiring transparency from the FISA Court—and my bipartisan legislation will go a long way towards achieving these goals.”

Supreme Court Chief Justice John Roberts is currently solely responsible for all appointments to the FISA Court, which rules on whether or not the National Security Agency and other agencies can conduct surveillance and search activities, among other responsibilities. All 11 judges currently serving on the court were appointed by Chief Justice Roberts, and only one was first nominated to the federal bench by a Democratic President.

Congressman Cohen’s bipartisan legislation would give the American people, through their elected representatives, a voice in who serves on the court. The legislation would ensure differing points of view by dividing appointments between the Chief Justice, who would still select 3 of the 11 judges, and the bipartisan leadership in Congress—the Speaker of the House, House Minority Leader, and the Minority and Majority Leaders in the Senate—who would each appoint 2 judges.

The FISA Court Accountability Act would also require that when all 11 judges meet to decide on a case at least a supermajority of them agree with the ruling and that, in cases where the government’s argument is rejected by the court, the appeals panel be unanimous to overturn rulings against the government. Additionally, the legislation would require the court to disclose all decisions, orders, and opinions to Congress in both classified form and in unclassified summaries.