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Article • January 9, 2012 • from P&J January, 2012
U.S. v. Sherifi, No. 5:09-CR-216-FL (E.D.N.C.) (793 F.Supp.2d 751) (June 22, 2011) (Judge Louise W. Flanagan) by Here the Court rejected a series of constitutional challenges alleging that recent FISA amendments enable the Government to conduct surveilance to gather evidence for use in a criminal case while bypassing traditional warrant …
Article • January 9, 2012 • from P&J January, 2012
U.S. v. Duka, No. 09-2292 (3rd Cir.) (671 F.3d 329) (December 28, 2011) (Judge Marjorie O. Rendell) by U.S. v. Duka, 671 F.3d 329 (3rd Cir. Dec. 28, 2011) (Judge Marjorie Rendell) U.S. v. Sherifi, 793 F.Supp.2d 751 (E.D.N.C. June 22, 2011) (Judge Louise Flanagan) In these two domestic terrorism …
Article • December 1, 2010
U.S. v. Abu-Jihaad, No. 09-1375-cr (L) (2nd Cir.) (630 F.3d 102) (December 20, 2010) (Judge Reena Raggi) by Defendant's conviction for communicating national defense information respecting the movements of a United States Navy battlegroup to unauthorized persons is affirmed where: 1) there were no constitutional defects in Foreign Intelligence Surveillance …
Article • May 31, 2010 • from P&J May, 2010
Mayfield v. U.S., No. 07-35865 (9th Cir.) (599 F.3d 964) (March 24, 2010) (Judge Richard A. Paez) by Here, the Court vacated, on standing grounds, Judge Ann Aiken's landmark decision, reported at Mayfield v. U.S., 504 F.Supp.2d 1023 (D.Or. Sept. 26, 2007), where she held that two key provisions of …
Article • February 1, 2008 • from P&J March, 2008
In Re Motion For Release of Court Records, No. Misc. 07-01 (F.I.S.C.) (526 F.Supp.2d 484) (December 11, 2007) (Judge John D. Bates) by In this case, the ACLU sought release of what it identifies as court orders and government pleadings regarding a program of surveillance of suspected international terrorists by …
Article • August 1, 2007 • from P&J August, 2007
Mayfield v. U.S., No. 04-1427-AA (D.Or.) (504 F.Supp.2d 1023) (September 26, 2007) (Judge Ann L. Aiken) by In this remarkable 44-page ruling, Judge Ann Aiken held that two key provisions of the Foreign Intelligence Surveillance Act (FISA) of 1978, which were amended by the USA PATRIOT Act in 2001 - …
Article • March 1, 2007 • from P&J April, 2007
U.S. v. Wen, No. 06-1385 (7th Cir.) (477 F.3d 896) (February 21, 2007) (Judge Frank H. Easterbrook) by In this case, a panel from the Seventh Circuit unanimously rejected the defendant’s argument that evidence gathered under Foreign Intelligence Surveillance Act ("FISA") cannot be used in domestic criminal investigations or prosecutions. …
Article • November 1, 2006 • from P&J November, 2006
U.S. v. Wen, No. 06-1385 (7th Cir.) (471 F.3d 777) (December 14, 2006) (Judge Frank H. Easterbrook) by In this case, a panel from the Seventh Circuit unanimously rejected the defendant’s argument that evidence gathered under Foreign Intelligence Surveillance Act ("FISA") cannot be used in domestic criminal investigations or prosecutions. …
Article • August 1, 2003 • from P&J August, 2003
U.S. v. Sattar, No. 02 CR 395 (JGK) (S.D.N.Y.) (2003 U.S. Dist. LEXIS 16164) (September 15, 2003) (Judge John G. Koeltl) by In July, Judge Koeltl dismissed the two most serious anti-terrorist charges against the embattled criminal defense attorney, Lynne Stewart, who had been accused of providing material support and …
Article • August 1, 2002 • from P&J August, 2002
In Re All Matters Submitted to the Foreign Intelligence Surveillance Court, No. 02-429 (F.I.S.C.) (218 F.Supp.2d 611) (May 17, 2002) (Judge Royce C. Lamberth) by Back in 1978, Congress enacted the Foreign Intelligence Surveillance Act (50 U.S.C. §§ 1801-1862) (FISA), which established certain procedures for requesting judicial authorization for electronic …