The Washington Post has a new article out,
And the article does report that the judge was annoyed that the idea of collaborating with the government was an inaccurate portrayal.
But it seems that the bigger story is that this judge is THE judge, who, all alone, decided that it was okay for the NSA and whoever else had access, to spy on ALL Americans. Her name is Colleen Kollar-Kotelly
Here's the excerpt from the WaPo article that is most significant:
On July 14, 2004, the surveillance court for the first time approved the gathering of information by the NSA, which created the equivalent of a digital vault to hold Internet metadata. Kollar-Kotelly's order authorized the metadata program under a FISA provision known as the "pen register/trap and trace," or PRTT.
The ruling was a secret not just to the public and most of Congress, but to all of Kollar-Kotelly's surveillance court colleagues. Under orders from the president, none of the court's other 10 members could be told about the Internet metadata program, which was one prong of a larger and highly classified data-gathering effort known as the President's Surveillance Program, or PSP.
But the importance of her order -- which approved the collection based on a 1986 law typically used for phone records -- was hard to overstate.
"The order essentially gave NSA the same authority to collect bulk Internet metadata that it had under the PSP," the inspector general's report said, with some minor caveats including reducing the number of people who could access the records.
On May 24, 2006, Kollar-Kotelly signed another order, this one authorizing the bulk collection of phone metadata from U.S. phone companies, under a FISA provision known as Section 215, or the "business records provision," of the USA Patriot Act. "
A 2006 Washingtonpost article
also mentions Kollar-Kotelly, so the news is not a first time revelation of her tie to the authorization. The older article also refers to her predecessor, Royce C. Lamberth and suggests that they had serious concerns about the legality of the program, instituted when George W. Bush was president;
" Both judges expressed concern to senior officials that the president's program, if ever made public and challenged in court, ran a significant risk of being declared unconstitutional, according to sources familiar with their actions. Yet the judges believed they did not have the authority to rule on the president's power to order the eavesdropping, government sources said, and focused instead on protecting the integrity of the FISA process.
It was an odd position for the presiding judges of the FISA court, the secret panel created in 1978 in response to a public outcry over warrantless domestic spying by J. Edgar Hoover's FBI. The court's appointees, chosen by then-Chief Justice William H. Rehnquist, were generally veteran jurists with a pro-government bent, and their classified work is considered a powerful tool for catching spies and terrorists."
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Perhaps this judge has been portrayed unfairly, as collaborating with the government. But more important, it seems to put a face-- THE face-- on the American who decided it was okay to spy on every other American.
Regardless of her raising of concerns, she went ahead and, with her unique power, as head of the secretive FISA Court, made an even more secret decision to approve the worse spying in the history of America. In spite of evidence of abuses, that the 2006 WaPo article reported, she went ahead and approved further, more egregious and aggressive spying. It looks like she never said no, when asked.
She should be called before congress and questioned. And she should be more worried about what she DID than what is said about her so far. There is no question that she did approve the horrific level of spying we now know the NSA engages in.
The question is, how did any protector of the citizens-- the duty of every elected and appointed government official, ever allow a single person to make such an important decision-- and who decided to keep it secret? Because they violated their oath and should be punished to the full extent of the law.
Rob Kall is an award winning journalist, inventor, software architect,
connector and visionary. His work and his writing have been featured in the New York Times, the Wall Street Journal, CNN, ABC, the HuffingtonPost, Success, Discover and other media. He's given talks and workshops to Fortune
500 execs and national medical and psychological organizations, and pioneered
first-of-their-kind conferences in Positive Psychology, Brain Science and
Story. He hosts some of the world's smartest, most interesting and powerful
people on his Bottom Up Radio Show,
and founded and publishes one of the top Google- ranked progressive news and
opinion sites, OpEdNews.com
more detailed bio:
Rob Kall has spent his adult life as an awakener and empowerer-- first in the field of biofeedback, inventing products, developing software and a music recording label, MuPsych, within the company he founded in 1978-- Futurehealth, and founding, organizing and running 3 conferences: Winter Brain, on Neurofeedback and consciousness, Optimal Functioning and Positive Psychology (a pioneer in the field of Positive Psychology, first presenting workshops on it in 1985) and Storycon Summit Meeting on the Art Science and Application of Story-- each the first of their kind. Then, when he found the process of raising people's consciousness and empowering them to take more control of their lives one person at a time was too slow, he founded Opednews.com-- which has been the top search result on Google for the terms liberal news and progressive opinion for several years. Rob began his Bottom-up Radio show, broadcast on WNJC 1360 AM to Metro Philly, also available on iTunes, covering the transition of our culture, business and world from predominantly Top-down (hierarchical, centralized, authoritarian, patriarchal, big) to bottom-up (egalitarian, local, interdependent, grassroots, archetypal feminine and small.) Recent long-term projects include a book, Bottom-up-- The Connection Revolution, debillionairizing the planet and the Psychopathy Defense and Optimization Project.
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