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Third parties being able to submit amicus curiaes seem like a counter-balancing entity—dependent on which way they argue.



The Lee-Leahy amendment passed the Senate. Not sure how someone can say there is no counter-balancing entity with regard to FISA courts.

From Senator Mike Lee's webpage[0]:

The Lee-Leahy amendment will strengthen third-party oversight of the FISA process. Specifically, it requires FISA court judges to appoint an amicus curae (a neutral third-party observer) in any case involving a “sensitive investigative matter” so long as the FISA court does not determine it to be inappropriate.

The amendment will also empower the amicus to raise any issue with the court at any time and give both the amicus and the FISA court access to all documents and information related to the surveillance application.

0: https://www.lee.senate.gov/public/index.cfm/2020/5/senate-pa...




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