Getting a bit too far over their skis. Not seeing how the military tribunals would come into play here. Lots of jurisdictional problems for one thing.Quote:
This is something to stick in your back pocket. If Nunes sends a letter to FISC or SCOTUS spelling out FISA warrant abuse, and the latter is the 'key' to prosecuting the plotters at FBI/DOJ & a maybe a sitting President, then it raises the possibility that the entire regular court process could be placed in jeopardy -- because appeals could not go to SCOTUS (SCOTUS owns the FISC). Hence military tribunals might be the only alternative. I don't know if this could be a serious issue or not. Perhaps Aggiehawg could comment on this.
As far as SCOTUS "owning" the FISA courts, they also "own" the Circuit Courts of Appeal in terms of supervisory powers. Doesn't affect their ability to swat them down on a regular basis.
The question becomes if the DOJ is so crippled that it can't discharge its prosecutorial duties. The reason for the whole Special Counsel process in the first place.
I'm not seeing that large a scale of Article III crisis, yet. If Congress sees one on the horizon, they have the power to fix it.
One caveat: Would be prudent to beef up the security around the Supremes, however.
