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Instead of an Article III court, that sounds like an ex parte conversation predating the matter, which the judge is using to decide the matter, which is not ok. If this really is required by Congress, judges ought to give serious thought to whether accepting an appointment to the FISC is consistent with their ethical duties, I.e., "A judge should not ... accept ... an appointment if the judge’s governmental duties would tend to undermine the public confidence in the integrity, impartiality, or independence of the judiciary." That article III judges are willing to administer procedure like that gives pause.


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