Ask candidates what their view is on whether cases can be completely dismissed with State Secrets privilege or if just certain pieces of evidences should be so and the cases allowed to move forward.
We need to FIX the equation that allowed judges like "State Secrets fan" Reggie Walton dismissing cases without hearing them just for this.
I'm also concerned about Walton's appointment to the FISA court and whether that will tip the balance of it from being a rubber stamp court to a complete "complicit" court for this administration in violating constitutional protections, etc. that is supposed to be there for, and will next time allow NSA Wiretapping type of cases to go through so that they no longer feel the need to bypass it as they once did.
We should demand that congress has more scrutiny of candidates for the FISA Court too. It doesn't look like they do, and they get nominated for 7 year terms, and the last three that have been appointed to it were appointed by Bush appointee Judge Roberts instead of Rehnquist. Pretty much all of them now have been put on this court since Bush took office (and we've had Republican control of congress during that time).
Current FISC Court:
http://en.wikipedia.org/wiki/United_States_Foreign_Intelligence_Surveillance_CourtNote that Colleen Kollar-Kotelly is presiding over it now. She was the same judge that overturned Microsoft's anti-trust ruling late Friday before the weekennd of the 2002 midterm election, which seemed VERY curiously timed. Not only that, but note that she'd ALREADY been appointed to the FISC court just a bit earlier before that ruling too, which makes it sound like she was "paid back" for that convenient Microsoft ruling with that nomination.
One of the last Clinton court appointees to be a part of this court, James Robertson left in protest in 2005 in protest over the NSA Wiretap situation.
http://en.wikipedia.org/wiki/James_Robertson_%28judge%29He was replaced by John Bates (appointed by Roberts), who served as Deputy Independent Counsel to the Whitewater investigation, and also dismissed the lawsuit by the GAO to get disclosure of what happened with Cheney's Energy Task Force.
http://www.fas.org/blog/secrecy/2006/03/judge_john_d_bates_appointed_t.htmlDee Vance Benson was a counsel to the Iran-Contra Congressional Investigating Committee in 1987.