Federal judge: FISA court not a rubber stamp

 
 

FILE - In this May 1, 2008 file photo, Chief Judge Royce C. Lamberth of the U.S. District Court in Washington is seen in Washington. Lamberth, the outgoing chief judge of the U.S. District Court in Washington says perceptions that a secret court there acts as a rubber stamp for the government are wrong. Lamberth was chief judge of the Foreign Intelligence Surveillance Court from 1995 to 2002. Among other things, the court oversees the National Security Agency's secret surveillance programs, now under scrutiny in the wake of revelations by former NSA contractor Edward Snowden.
FILE - In this May 1, 2008 file photo, Chief Judge Royce C. Lamberth of the U.S. District Court in Washington is seen in Washington. Lamberth, the outgoing chief judge of the U.S. District Court in Washington says perceptions that a secret court there acts as a rubber stamp for the government are wrong. Lamberth was chief judge of the Foreign Intelligence Surveillance Court from 1995 to 2002. Among other things, the court oversees the National Security Agency's secret surveillance programs, now under scrutiny in the wake of revelations by former NSA contractor Edward Snowden.
Charles Dharapak, File / AP Photo

Associated Press

Perceptions that a secret court in the nation's capital acts as a rubber stamp for the government are wrong, the outgoing chief judge of the U.S. District Court in Washington said Thursday.

Royce Lamberth was chief judge of the Foreign Intelligence Surveillance Court from 1995 to 2002. Among other things, the court oversees the National Security Agency's secret surveillance programs, now under scrutiny following revelations by former NSA contractor Edward Snowden.

"You've had judges like me, and the public perception of me is certainly not that I'm a rubber stamp for the government," Lamberth said in an interview, laughing. As if to underscore the point, Lamberth had issued a ruling earlier in the day ordering the government to stop genital searches of Guantanamo Bay detainees who want to meet with their lawyers.

Lamberth was appointed to the federal bench by President Ronald Reagan in 1987 and has been chief judge since 2008. On Tuesday, when he turns 70, he'll step down as chief judge of the court but remain as a senior judge with a reduced caseload.

Last year, the government asked the FISA court to approve 1,789 applications to spy on foreign intelligence targets, according to a Justice Department notice to Congress dated April 30. The court approved all but one - and that was withdrawn by the government.

But Lamberth said that doesn't mean the approval is automatic. Often, judges come back with questions or comments about the requests and require intelligence agencies to modify them to meet their standards.

He said he doesn't remember rejecting any government request during his time on the FISA court. The overwhelming number of those "were the kinds of things we should be doing to protect our country," Lamberth said. "They were the kinds of surveillances that I thought the executive branch was right to do. And I felt that each one was the kind of thing that we needed to do to keep our country safe - both from spies and from terrorists."

The FISA court used to meet at the Justice Department, a bastion of the executive branch, and it was Lamberth's initiative to move it to the federal courthouse, which happened a few years ago. He said he thought there would be a better public perception of the court if it were in a judiciary building.

"I thought it was important that we be more like a court," he recalled. "We were a court, but as long as you're in the Justice Department building, it did not present the image that we were a court. And I thought it important that the public understand that the government had to come to us."

Lamberth acknowledged that judges have to be concerned about civil liberties.

"I said in a speech one time, 'We can't sacrifice all of our civil liberties in order to save our country, but we also have to recognize that we have to save our country,'" he said.

The jovial Lamberth is known for more than his work on national security issues. He has a reputation for his outspoken comments, both in his opinions and from the bench. A few examples:

-At a hearing last month, he accused Russia of acting like a "scofflaw" and an "outlaw" by refusing his order to hand over a Jewish group's historical books and documents. Earlier, he had slapped Russia with a $50,000-a-day civil contempt sanction for refusing his order to give up the documents.

-Last year, he told Justice Department lawyers "I can't for the life of me" figure out why the department had come up with new government restrictions on lawyers' access to detainees at Guantanamo Bay. A few weeks later, he ordered the government to end the new policy, calling it "an illegitimate exercise of executive power."

-In a longstanding legal battle between American Indians and the government over their trust funds, Lamberth called the Interior Department "a dinosaur - the morally and culturally oblivious hand-me-down of a disgracefully racist and imperialist government that should have been buried a century ago." The appeals court removed Lamberth from the case after that, saying he had lost his objectivity. The government eventually settled the case for $3.4 billion.

In the interview, the normally thick-skinned Lamberth talked about how that removal bothered him.

"I don't quarrel that the language was intemperate. It had been born of 12 years' frustration of repeated lying to me by the government," he said. He argued that the removal was not justified.

"I do know that half of my obituary will be my being removed from that case, and I resent that," he said, managing a chuckle.

He also brings his native Texas with him to his chambers. His office is adorned with a pair of Longhorns and a flower vase in the shape of a cowboy boot. He's been known to show up at a judicial conference wearing his 10-gallon hat and a shirt patterned on the Lone Star State flag.

Follow Fred Frommer on Twitter: http://twitter.com/ffrommer

Read more Politics Wires stories from the Miami Herald

  •  

Chinese Vice Premier Wang Yang listens at left as Secretary of State John Kerry speaks during the opening session of the 2013 Strategic and Economic Dialogue, Wednesday, July 10, 2013, at the State Department in Washington. A month after the presidents of the U.S. and China held an unconventional summit at a California resort, their top officials are convening in more staid surroundings in Washington to review security and economic issues that reflect growing ties but also deep-seated differences between the world powers.

    US, China trade barbs about Snowden case

    The U.S. and China wrapped up two days of high-level talks on security and economy in upbeat fashion Thursday, but not before trading barbs about NSA leaker Edward Snowden and human rights.

  •  

Eliot Spitzer tries to collect signatures for his run for New York City Comptroller in New York, Monday, July 8, 2013. Former Gov. Eliot Spitzer, who stepped down in 2008 amid a prostitution scandal, says he is planning a political comeback with a run for New York City comptroller.

    Spitzer's NYC comeback campaign nears key deadline

    Eliot Spitzer's fledgling bid to return to politics neared a key deadline Thursday, when thousands of petition signatures were due only four days after the tarnished ex-governor launched his New York City comptroller campaign.

  • Sens. Harry Reid, Mitch McConnell gird for war over filibuster

    Senate Majority Leader Harry Reid moved closer Thursday to dramatically altering Senate rules in order to block the chamber’s Republican minority from filibustering President Barack Obama’s executive nominees.

Miami Herald

Join the
Discussion

The Miami Herald is pleased to provide this opportunity to share information, experiences and observations about what's in the news. Some of the comments may be reprinted elsewhere on the site or in the newspaper. We encourage lively, open debate on the issues of the day, and ask that you refrain from profanity, hate speech, personal comments and remarks that are off point. Thank you for taking the time to offer your thoughts.

The Miami Herald uses Facebook's commenting system. You need to log in with a Facebook account in order to comment. If you have questions about commenting with your Facebook account, click here.

Have a news tip? You can send it anonymously. Click here to send us your tip - or - consider joining the Public Insight Network and become a source for The Miami Herald and el Nuevo Herald.

Hide Comments

This affects comments on all stories.

Cancel OK

  • Videos

  • Quick Job Search

Enter Keyword(s) Enter City Select a State Select a Category