13 June—The good news is that Section 702 of the unconstitutional Foreign Intelligence Surveillance Act (FISA) has lapsed, at least for the time being, thanks to typically partisan goings on in Congress and Donald Trump’s typically weaponized appointment of a typically unqualified but typically (and unquestionably) loyal flunky to be his top intelligence official, overseeing some 18 intelligence and security agencies, most of which nobody has ever heard of. That’s our government.

FISA’s stated purpose has been to provide the legal framework and procedures for government agencies including but not limited to the FBI, NSA, and CIA to conduct electronic and physical surveillance of foreign entities within the United States—for national security purposes, of course. It was enacted during the Carter administration in 1978 and amended—mostly expanded—several times, including in 2008, during the Bush 43 administration, when Section 702 was added, allowing the warrantless surveillance of foreign entities—targets—overseas.

FISA Section 702 is supposed to only target foreigners located outside the United States who are thought to possess, receive, or communicate foreign intelligence information. No problem there, to be sure, because nobody gives a damn about foreigners. But since communications of U.S. citizens at home and abroad with targeted foreigners wherever they may be could possibly be gathered incidentally, thus violating their rights, a serious constitutional question arises. Remember, the 702 vacuum cleaner sucks up information without a warrant and the Fourth Amendment hasn’t been repealed. Yet.

But most of FISA is constitutionally questionable, not just Section 702. Because for starters the Foreign Intelligence Surveillance Court (FISC), which may issue warrants where U.S. citizens are known to be involved, and the Foreign Intelligence Surveillance Court of Review (FISCR, the appellate court), which may hear appeals of those warrants, operate almost entirely in secret. Moreover, while it’s known that the FISC and FISCR courts are located in the E. Barrett Prettyman United States Courthouse in D.C., their exact locations are kept secret and under tight security.

Worse yet, the FISC hearings are ex parte, meaning in this case that only federal government lawyers are present and allowed to argue the fed’s side of any case. The entities of interest—the targets of proposed surveillance—are not represented and aren’t even informed they’re in the fed’s crosshairs. Worst yet, if you get served with a FISA warrant or subpoena, you’re not allowed to talk about it; and even your lawyer may be required to have obtained security clearance. Unconstitutional FISC gag orders and involuntary non-disclosure agreements make it a federal crime even to tell your priest about the existence of the warrant or the investigation. That’s our government.

Is violating the Constitution in the cause of alleged national security justified? It may well be. But do you trust your government? And, it must be said, it’s not just Donald Trump’s administration that doesn’t deserve to be trusted.

And that takes us to the other good news today: By the time you read this, thanks to two decisions by a D.C. district judge and one decision by a D.C. circuit trio, the portico façade of the The John F. Kennedy Memorial Center for the Performing Arts will have shed the ignominious name of Donald J. Trump. The per curiam circuit decision by two Obama appointees and one Trump appointee had no noted dissent.

It’s sad that since the advent of Trump we should deem it necessary—or even worthwhile—to note the presidents who appointed judges . . .