2019 James R. Browning Distinguished Lecture in Law, Holding the Delicate Balance Steady and True : The History of FISA\u27s Grand Bargain

The Honorable Richard C. Tallman and his career law clerk Tania M. Culbertson explain what led to the passage of the Foreign Intelligence Surveillance Act ( FISA ) and its creation of the FISA courts, and describe the grand bargain that was struck between our three branches of government when creating FISA\u27s judicial review procedures over domestic espionage and counter-terrorism investigations. Their hope is to leave you with a keener understanding of how we have arrived at where we are today, and how the judiciary understands its oversight role within FISA\u27s statutory framework under our Constitution