* New FISC Rules of Procedure
Steve Aftergood has the link, and very useful commentary, here.
Two important points highlighted by Steve:
(i) The FISC remains obligated under its own Rule 3 to comply with EO 13526, which among other things prohibits disclosures of classified information absent review by the classifying agency (Steve explains how this sheds light on otherwise ambiguous language in another part of the new rules).
(ii) On the other hand, a separate provision in the Rules expressly authorizes the FISC’s presiding judge “may provide copies of Court orders, opinions, decisions, or other Court records to Congress.”
By Robert M. Chesney
Robert M. Chesney is Charles I. Francis Professor in Law at UT-Austin School of Law. Chesney is a national security law specialist, with a particular interest in problems associated with terrorism. Professor Chesney recently served in the Justice Department in connection with the Detainee Policy Task Force created by Executive Order 13493. He is a member of the Advisory Committee of the American Bar Association's Standing Committee on Law and National Security, a senior editor for the Journal of National Security Law & Policy, an associate member of the Intelligence Science Board, a non-resident senior fellow of the Brookings Institution, a term member of the Council on Foreign Relations, and a member of the American Law Institute. Professor Chesney has published extensively on topics ranging from detention and prosecution in the counterterrorism context to the states secrets privilege. He served previously as chair of the Section on National Security Law of the Association of American Law Schools and as editor of the National Security Law Report (published by the American Bar Association's Standing Committee on Law and National Security). His upcoming projects include two books under contract with Oxford University Press, one concerning the evolution of detention law and policy and the other examining the judicial role in national security affairs.
View all of Robert M. Chesney's posts.
