Judge Claire V. Eagan of the Northern District of Oklahoma was appointed this month to the U.S. Foreign Intelligence Surveillance Court by the Chief Justice of the United States.
Her term on the FIS Court began on February 13, 2013 and will extend until May 18, 2019. She replaces Judge Jennifer B. Coffman, who retired on January 8 before the end of her term. Another appointment, to replace outgoing Judge John D. Bates, whose term ends tomorrow, is imminent, said Sheldon Snook, spokesman for the Court.
The FIS Court authorizes electronic surveillance and physical searches for intelligence and counterterrorism purposes. The current membership of the Court is listed here.
Judge Eagan was appointed to the federal bench by President George W. Bush in 2001.
The FIS Court has been discussed lately as a potential model for some form of judicial review of the use of drones in lethal strikes against suspected terrorists. Speaking at the February 7 confirmation hearing of John Brennan to be CIA Director, Senate Intelligence Committee chair Sen. Dianne Feinstein said her Committee would examine “the proposal to create an analogue of the Foreign Intelligence Surveillance Court to review the conduct of such strikes.”
But the application of the FISA model for authorizing intelligence surveillance to the substantially different issue of lethal targeting would not be straightforward, and may not be appropriate at all.
The notion “that federal judges ought to be assigned the task of monitoring, mediating and approving the killer instincts of our government […] is a very bad idea,” wrote Judge James Robertson, a former FIS Court member, in the Washington Post (“Judges shouldn’t decide about drone strikes,” February 15).
With so much at stake, we cannot afford to cede science and technological leadership or its underpinnings: foundational federal R&D investments, growing STEM talent pipelines, and the best scientific and technical expertise to support policymakers.
Moreover, the recent decrease in UK government transparency regarding the status of its nuclear arsenal and modernization program reflects a worrisome global trend.
Even without weapons present, the addition of a large nuclear air base in northern Europe is a significant new development that would have been inconceivable just a decade-and-a-half ago.
Protecting the health and safety of the American public and ensuring that the public has the opportunity to participate in the federal decision-making process is crucial. As currently organized, FACs are not equipped to provide the best evidence-based advice.