By Cliff Montgomery – May 10th, 2013
U.S. Supreme Court Chief Justice John Roberts has named Michael Mosman, Judge for the District ofOregon, as the most recent appointee to the United States Foreign Intelligence Surveillance Court (or FISCourt).
Judge Mosman’s assignment was effective on May 4th, 2013 – it will terminate on May 3rd, 2020, according toSheldon Snook, Administrative Assistant to the Chief Judge at Federal Judiciary.
Judge Mosman will take the place on the Surveillance Court vacated by Judge Roger Vinson. Judge Vinson’stenure on the FIS Court ended on May 3rd, 2013.
Mosman often is thought to be a conservative judge – he was appointed to the Federal bench by PresidentGeorge W. Bush. But in action, the judge occasionally has shown an independent streak.
In March, Judge Mosman granted bail to Reaz Qadir Khan. Federal authorities had charged Mr. Khan withconspiracy to provide a material support to terrorists – but the judge ruled that Khan should be released, afterdeciding that Mr. Khan was neither a danger to the community nor a flight risk.
If nothing else, Mosman’s independence might provide the FIS Court with something of a change in itsoutlook. The Surveillance Court is made up of eleven federal judges, who rule on applications from U.S.agencies for physical searches and electronic surveillance under the Foreign Intelligence Surveillance Act.
Last year, the FIS Court considered 1,788 requests for electronic surveillance – it approved all and denied none.
The Foreign Intelligence Surveillance Court was established by the Foreign Intelligence Surveillance Act(FISA) of 1978. At first, the Court consisted of seven U.S. district judges. They were appointed by the U.S.Supreme Court’s Chief Justice and served a maximum of seven years.
But the so-called ‘Patriot Act’ of 2001 made key amendments to FISA. The number of FIS Court judges wasincreased to eleven, and now “no fewer than 3 [of the FIS Court judges] shall reside within 20 miles of theDistrict of Columbia.”
