The Pros and Cons of the FISA Court

Ashley Deeks and Frederick Hitz speaking at the Senior Center in Charlottesville.

The FISA Court (or Foreign Intelligence Surveillance Act Court) was established by act of Congress in 1978 to oversee requests for surveillance warrants involving suspected foreign spies within the United States by federal law-enforcement and intelligence agencies, principally the FBI and the National Security Agency.

Senior Fellows at the Law School’s Center for National Security Law, Ashley Deeks and Fred Hitz discuss the FISA Court and its pros and cons.

Ashley Deeks is an associate professor at the University of Virginia Law School. Prior to joining the Law School’s faculty she was the assistant legal adviser for political-military affairs in the Legal Adviser’s Office at the Department of State where, among many other duties, she advised on intelligence issues. She has also served as a fellow at the Council on Foreign Relations and the Center for Strategic and International Studies. Ms. Deeks is a cum laude graduate of Williams College and an honors graduate of the University of Chicago Law School.

Frederick P. Hitz is an adjunct professor at the Law School and the Batten School of Leadership and Public Policy. For more than 30 years, while ostensibly being a lawyer in a buttoned-down private practice, he served in various capacities at the Central Intelligence Agency, both in line positions such as deputy director for Europe in the Directorate of Operations and in staff positions like Inspector General. He has written extensively on espionage and intelligence issues. His publications include “The Great Game: the Myth and Reality of Espionage” and “Why Spy? Espionage in an Era of Uncertainty.” Mr. Hitz is a graduate of Princeton University and Harvard Law School.

Deeks and Hitz spoke at the Wednesday April 13, 2016 meeting of the Senior Statesmen of Virginia. The meeting was held at the Senior Center in Charlottesville. Following the presentation, questions were taken from the audience. The program was moderated by SSV board member Terry Cooper.