FISA Judge Resigns

MSNBC has the story. It's important to note Judge Robertson did not officially say his resignation was a protest over the NSA program, but the article does maintain close associates of his believe this to be the case. $Q: Robertson indicated privately to colleagues in recent conversations that he was concerned that information gained from warrantless NSA surveillance could have then been used to obtain FISA warrants. FISA court Presiding Judge Colleen Kollar-Kotelly, who had been briefed on the spying program by the administration, raised the same concern in 2004, and insisted that the Justice Department certify in writing that it was not occurring. It's an interesting possibility for the question of motive, one that apparently hasn't been floated yet. The administration could have cast a wide net, then gone to the Federal Intelligence Security Court to get warrants for surveillance that turned up certifiable information. Under that scenario, the Court would have been giving legal credibility to an illegal program--any warrants issued would have been tainted as 'fruit from the poisoned tree'. It's no wonder the judges are concerned.