Imperial Court to Judge Imperial President

A secret, Bush-controlled* court will decide the constitutionally of Bush's warrantless surveillance program, if Bush and Senator presidential lap-dog Arlen Specter get their way.

Senate Judiciary Chairman Arlen Specter, R-Pa., said Thursday that he has struck a deal with President Bush on legislation regarding the National Security Agency's warrantless surveillance of American citizens.

[snip]

Specter said Bush had agreed to the proposal to give a special court established under the 1978 Foreign Intelligence Surveillance Act (PL 95-511) jurisdiction to rule on the constitutionality of the NSA program. The law was enacted to govern such electronic surveillance.

Bush would not be required to seek approval of the FISA court. But Specter said the president would submit the program to the court if Congress sent him the bill without making any changes that he dislikes.

"“I am authorized to say that if the bill is not changed, the president will submit the Terrorist Surveillance Program to the Foreign Intelligence Surveillance Court," Specter said.

Sigh.

*The FISA court is composed of seven federal district court judges appointed by the Chief Justice for staggered terms. The Chief Justice was appointed by President Bush. I'm willing to bet that any judge who rules the warrantless spying program is unconstitutional won't be re-appointed to the court.

[Via CQ - subscription required].