A Congressional Research Service report dug into the...
A Congressional Research Service report dug into the constitutional questions and other issues raised by the possible creation of what it calls a “public advocate” for the Foreign Intelligence Surveillance Court, which oversees government phone surveillance. Lawmakers and President Barack…
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Obama have suggested variations on such an advocate position for several months now. “First and foremost is the question of what is the legal nature of the office of a public advocate,” CRS said in the 55-page report, dated March 21. “Some may argue that the advocate is functioning as a non-governmental entity, much like a public defender in an ordinary criminal prosecution, in serving as an adversary to the government’s position. On the other hand, a public advocate, unlike a public defender, would not be representing the views of any particular individual, but rather the general interests of society in ensuring that the government’s foreign surveillance efforts adequately protect the public’s privacy rights.” One big question is whether certain clauses of the Constitution on executive hires would apply to any advocate, it said. Several of its questions concern where such an advocate would be housed, such as whether it would constitutionally possible to keep it within the judiciary branch. “While there are no clear answers that exist to the novel questions raised by the establishment of an office for a FISA public advocate, generally the more modest and confined the role of the advocate in a given proposal is, the more likely that proposal, if made into law, would raise fewer constitutional issues,” CRS said.