Judge Who Resigned Over NSA Program a Partisan Clintonista

by Jim Kouri, CPP A US federal judge has resigned from the court that oversees government surveillance in intelligence cases in protest at President George W. Bush's secret authorization of a domestic spying program, according to a Washington Post story. US District Judge James Robertson, a member of the secret Foreign Intelligence Surveillance Court, sent a letter to Chief Justice John Roberts late last Monday notifying him of his resignation without providing an explanation, the report said. Two other judges were quoted as saying Robertson privately expressed "deep concern" that the warrantless surveillance program authorized by the president in 2001 was legally questionable and may "have tainted the court's work." Robertson was appointed to the federal bench in Washington by President Bill Clinton in 1994 and was later selected by the then-Chief Justice William H. Rehnquist to serve on the Foreign Intelligence Surveillance Act (FISA) court. While defenders of Robertson say that indeed Clinton appointed him and he is considered a liberal-left judge, it was Rehnquist who appointed him to to the FISA court. However, according to Rehnquist's own record of making appointments, unlike liberals who take ideology into account, Rehnquist was only concerned with credentials and qualifications. News reports of Robertson's resignation came as two Senate Republicans joined the calls of a number of Democrats for congressional investigations into the National Security Agency's warrantless interception of telephone calls and e-mails to overseas locations by US citizens suspected of links to terrorist groups. Also, Robertson's protest resignation rings hallow when one considers that he never resigned or voiced his displeasure when President Clinton's NSA conducted warrentless surveillance of American citizens. Apparently, the good judge is selective in what outrages him. A security expert questions the Republicans who joined the Democrats in their call for an investigation. "All of a sudden Republicans trust judges to conduct the terrorism war? All of a sudden judges are the end all when it comes to national security?" says Sid Francis, a former first-grade detective with the NYPD who now runs a security and investigations firm in New York. "I would have preferred [that] they become as aggressive in trying to investigate who leaked the top secret information to the [New York] Times," he said. The senators questioned the legality of the operation and the extent to which the White House kept Congress informed, the report said. Senator Arlen Specter, chairman of the Senate Judiciary Committee, has promised hearings next year. The revelation of the spy program last week by the New York Times also spurred considerable debate among federal judges, including some who serve on the secret FISA court. For more than a quarter-century, the FISA court had been seen as the only body that could legally authorize secret surveillance of espionage and terrorism suspects. But there are many legal scholars who believe the Bush Administration acted properly and that unlike the Clinton NSA spy program, code named "Echelon," the spying had limited focus on terrorism and was part of a war strategy. According to reports, Echelon was a far-reaching, random program for gathering information on US citizens. "No one complained about the [NSA] spying during that administration. Now suddenly these Senators and a federal judge are shocked," said Francis. Judge Robertson was appointed United States District Judge in December 1994. From 1969 to 1972, Judge Robertson served with the Lawyers’ Committee for Civil Rights Under Law, as chief counsel of the Committee’s litigation offices in Jackson, Mississippi, and as director in Washington, D.C. The group is considered an ultra-liberal organization by the Beltway establishment. Judge Robertson then returned to private practice with Wilmer, Cutler & Pickering, where he practiced until his appointment to the federal bench by President Clinton.  While in private practice, he served as president of the District of Columbia Bar, co-chair of the Lawyers’ Committee for Civil Rights Under Law, and president of Southern Africa Legal Services and Legal Education Project, Inc. As is the custom of the Republican Party in confirming nominees to federal courts or making judicial appointments, Chief Justice Rehnquist only looked at Robertson's qualifications and legal credentials in appointing him to the super-secret FISA court. As with Supreme Court Associate Justice Ruth Ginsburg, a former ACLU attorney, ideology never entered into her confirmation. Ginsburg was confirmed by a majority of Republicans in spite of her left-wing ideology and opinions. They based their votes on credentials and qualifications. "Only the Democrats make confirmations and appointments of people by Republican President a question of ideology," said Mike Baker, a GOP strategist. "The news media try to portray [Robertson] as non-partisan. He's as liberal as they come and as partisan as they come." Not satisfied with just criticizing the Bush Administration regarding NSA operations, now Robertson is telling the news media about his position on detainees. And since his are criticisms of President Bush, a man the media obviously disdain, Judge Robertson is suddenly a media star-of-the-week until someone else comes out and slams the Bush Administration for another trumped-up scandal. Of course, the media neglect to mention that Judge Robertson was responsible for dropping two charges against Clintonista and Friend of Hillary, Web Hubbell. "Don't be surprised if Democrats win the White House one of their nominations to the Supreme Court is Judge James Robertson. Don't be surprised, " said Sid Francis. Jim Kouri, CPP is currently fifth vice-president of the National Association of Chiefs of Police. He's former chief at a New York City housing project in Washington Heights nicknamed "Crack City" by reporters covering the drug war in the 1980s. In addition, he served as director of public safety at a New Jersey university and director of security for several major organizations. He's also served on the National Drug Task Force and trained police and security officers throughout the country. He writes for many police and security magazines including Chief of Police, Police Times, The Narc Officer and others. He's a staff writer for New Media Alliance (thenma.org), and he's a columnist for TheConservativeVoice.Com, AmericanDaily.Com, MensNewsDaily.Com, MichNews.Com, and he's syndicated by AXcessNews.Com. He's appeared as on-air commentator for over 100 TV and radio news and talk shows including Oprah, McLaughlin Report, CNN Headline News, MTV, Fox News, etc. His book Assume The Position is available at Amazon.Com, Booksamillion.com, and can be ordered at local bookstores. If you wish to sign up for his intelligence reports, write to JimKouriReports@aol.com. Kouri's own website is located at http://jimkouri.us