The 11-member FIS Court rules on applications for domestic intelligence surveillance and physical search under the Foreign Intelligence Surveillance Court. Judge Dearie replaces Judge Malcolm Howard whose seven-year term expired on May 18, 2012.
Judge Dearie’s appointment last week was confirmed today by Sheldon L. Snook, a spokesman for the Court. The current membership of the FIS Court may be found here.
Judge Dearie was nominated to the federal bench by President Reagan in February 1986.
The Foreign Intelligence Surveillance Act has played a role in at least one case presided over by Judge Dearie, namely that of Najibullah Zazi. In 2009, prosecutors in that case gave notice of their intent to use evidence obtained through FISA surveillance. In the event, Zazi pled guilty in 2010 to multiple charges of conspiracy and support for a terrorist organization.