The article argues that recent executive overreach and politicization have severely undermined established norms of U.S. civil-military relations. To restore professional standards, the incoming Congress must actively exercise its oversight powers, moving beyond mere criticism to demanding transparency in defense policy and personnel decisions. Key reforms include enforcing meritocratic promotion processes, requiring documented justification for senior officer removals, and preventing the partisan use of the military. These actions are crucial for bolstering public trust and ensuring the military remains a nonpartisan instrument of civilian control.
Boasberg Compels Disclosure of FISA Noncompliance Incident Records
English Summary
FISA Court Judge Boasberg has ordered the Trump DOJ to disclose Section 702 noncompliance records by April 10, responding to a Cato Institute FOIA lawsuit, as Congress prepares to vote on the surveillance program's future. The article argues that Section 702's warrantless 'incidental collection' of communications between US firearms importers and foreign suppliers effectively creates an illegal shadow firearms registry, violating the Firearm Owners Protection Act's explicit prohibition on federal gun registries. Cato contends that the structural standing barriers from the Supreme Court's Clapper ruling have shielded Section 702 from judicial review, but FOIA litigation and statutory challenges under FOPA may offer viable paths to contest surveillance overreach at the intersection of Fourth and Second Amendment rights.
中文摘要
FISA法院法官Boasberg已命令川普司法部在4月10日前公開第702條不合規紀錄，此舉回應卡托研究所提起的《資訊自由法》訴訟，而國會正準備就該監控計畫的未來進行表決。文章主張，第702條對美國槍械進口商與外國供應商之間通訊的無令狀「附帶蒐集」，實質上建立了一個非法的影子槍械登記制度，違反了《槍械擁有者保護法》明確禁止聯邦槍械登記的規定。卡托研究所認為，最高法院Clapper案判決所設立的結構性訴訟資格障礙，使第702條免受司法審查，但透過《資訊自由法》訴訟及依據《槍械擁有者保護法》提出的法律挑戰，或可為在第四修正案與第二修正案權利交匯處對抗監控權力過度擴張提供可行途徑。
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