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Foreign Intelligence Surveillance Court: Chief Justice
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The need for programmatic approval of technology-enabled surveillance programs is particularly crucial in foreign intelligence. See, for example, John R. Schmidt, the associate attorney general (1994–1997) in the Justice Department under President Bill Clinton,[25] recalling early arguments made by then-Attorney General Edward Levi to the Church Committee that foreign intelligence surveillance legislation should include provisions for programmatically authorizing surveillance programs because of the particular needs of foreign intelligence where "virtually continuous surveillance, which by its nature does not have specifically predetermined targets" may be required. In these situations, "the efficiency of a warrant requirement would be minimal."
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Judge Carr joined the surveillance court - sometimes called the "spy court" because it deals with intelligence requests involving suspected spies, terrorists, foreign powers, and foreign agents - in May, 2002. Nominated to the federal bench by President Clinton in 1994, Judge Carr was named to the surveillance court by U.S. Supreme Court Chief Justice William Rehnquist.
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The FISC court conducts all of its hearings in a secret windowless courtroom, sealed from the public by cipher-locked doors on the top floor of the Department of Justice. It considers surveillance and physical search applications that have been reviewed and forwarded by the Office of Intelligence Policy and Review, which is the Department of
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