I absolutely enjoyed the article I read the other day with Hugh Hewitt and Devin Nunes. He interviewed Rep. Devin Nunes and wrote a transcript of their interview. Nunes spoke about the possibility of asking Supreme Court Justice, John Roberts (Chief Justice of the FISA Court), to come & speak to the committee about the FISA process and what occurred in this case. Sundance pointed out that Hugh was wrong. Justice Roberts CAN be compelled to do so. Hugh said he couldn’t.
I actually think what Nunes did was a smokescreen to put fear into the FISA
Judge to comply fully with the request from February 7th. The last thing in the world you want is the Chief Justice of the FISA Court be get involved.
From the article linked above:
HH: Now the Chief Justice appoints the FISA judges. Have you had a chance to chat with him or any of the FISA judges about what went on at the FISA Court with regard to the Page application?
DN: This is something that we grappled with, that we’ve been grappling with all through this investigation. We decided that we wanted to complete the FISA abuse portion before we approached the courts. Our next step with the courts is to make them aware, if they’re not aware already, that this happened by watching the news, so we will be sending a letter to the court. There is a, there’s a debate now into whether just send it to the Supreme Court or to send it to the FISA Court, and here’s why. And Hugh, you’d be a good guy to actually get your opinion on this. If, somehow, this case ends up at the Supreme Court, somehow, some way, by sending a letter to Roberts, do you conflict the Court?
HH: They will not issue an advisory opinion. And since he appoints the judges and is the leader of Article III, I would think you would invite him to come and talk with the committee. You can’t compel him to come, obviously, but since he appoints the FISA judges, perhaps he would accept your invitation to a closed session. Would you welcome such an appearance by the Chief Justice before a closed session to discuss the FISA process?
DN: So this is something that we have, like I said, we have thought a lot about this. And the answer is we don’t know the correct way to proceed because of the separation of powers issue. So as you know, you know, we have, I’m not aware of, I’m aware of members of Congress going to the Supreme Court and having coffee with the judges, just to shoot the bull. I’m aware of, you know, dinners where congressmen have been with Supreme Court justices. But I’m not aware of any time where a judge has, for lack of a better term, testified before the Congress.