Intelligence Law School - Course 1: Lesson 6.1.3 Specialized Courts


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LESSON 6: HIERARCHY OF LEGAL SOURCES


6.1 Hierarchy of Judicial Opinions


6.1.3 Specialized Courts


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Annotated Lecture Transcript

6.1.3 Specialized Courts

There are magistrate courts, bankruptcy courts, and several specialized courts at both the trial and appellate level—for example the Court of Federal Claims[1] or the U.S. Court of Appeals for the Armed Forces.[2]

These courts have limited jurisdiction and are rarely a factor in intelligence law matters.

There is, however, the Foreign Intelligence Surveillance Court, which is a specialized court that I’ll discuss in depth later on in future courses.[3]

This court serves essentially as a magistrate level court and has issued only one major published opinion.[4]

There is also the Alien Terrorist Removal Court, which we consider briefly as well.

 

Footnotes

[1] See Encyclopedia Britannica , United States Court of Federal Claims (Student and Home Edition 2009).

[2] See Encyclopedia Britannica , United States Court of Appeals for the Armed Forces (Student and Home Edition 2009).

[3] See Elizabeth B. Bazan, Congressional Research Serv., The U.S. Foreign Intelligence Surveillance Court and the U.S. Foreign Intelligence Surveillance Court of Review: An Overview (2007), available at https://intelligencelaw.com/files/pdf/law_library/crs/RL33833_1-24-2007.pdf (“With limited exceptions, electronic surveillance and physical searches may be conducted under FISA pursuant to court orders issued by a judge of the FISC, and pen registers and trap and trace devices may be installed and used pursuant to the order of a FISC judge or a U.S. Magistrate Judge authorized to act in that judge’s behalf. In all instances in which the production of any tangible thing is required under FISA, an order from a FISC judge or a U.S. Magistrate Judge authorized to act in the judge’s behalf must be obtained. Appeals from the denial of applications for FISC orders approving electronic surveillance, physical search, or production of tangible things may be made by the U.S. government to the U.S. Foreign Intelligence Court of Review (Court of Review). If the denial of an application is upheld by the Court of Review, a petition for certiorari may be filed to the U.S. Supreme Court.”) (internal footnotes omitted).

[4] In re All Matters Submitted to the Foreign Intelligence Surveillance Court, 218 F. Supp. 2d 611 (U.S. Foreign Intell. Surveil. Ct. 2002); see also Elizabeth B. Bazan, Congressional Research Serv., The U.S. Foreign Intelligence Surveillance Court and the U.S. Foreign Intelligence Surveillance Court of Review: An Overview (2007), available at https://intelligencelaw.com/files/pdf/law_library/crs/RL33833_1-24-2007.pdf (“Although there is a procedure for the publication of FISC opinions, such publication is extremely rare. Only one opinion has been published since the court’s inception in 1978, In re All Matters Submitted to the Foreign Intelligence Surveillance Court, 218 F. Supp. 2d 611 (U.S. Foreign Intell. Surveil. Ct. 2002).”).

 


© 2012 David Alan Jordan. All rights reserved.