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The Problems with FISA and Judicial Involvement in Intelligence Collection
FISA is flawed and should be handled by the executive and political branches. The court's involvement was a result of spy scandals in the past. Justice Jackson believed the judiciary shouldn't be involved in intelligence collection. Having a specialized court doesn't solve the problem of decision-making power. The judiciary lacks the expertise and accountability to ensure national security. Terrorism litigation showcases an increase in due process for those who want to harm Americans without improving safety. The court is also ill-equipped to oversee the FBI's FISA activities. They can't investigate the Bureau's honesty.