Foreign Intelligence Surveillance Court of Review· 11/18/2002

In Re: Sealed Case

Citations

310 F.3d 717
2002 WL 31548122

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

concluding that there was “not much need” for courts reviewing prePatriot Act amendment FISA cases to focus on the constitutional significance of the “primary purpose” test
stating that FISA does not “preclude or limit the government’s use or proposed use of foreign intelligence information . . . in a criminal prosecution.”
recognizing FISA Court’s authority to seek more information pertaining to government’s purpose
noting that procedures “eventually came to be narrowly interpreted within the Department of Justice” so as to erect a “wall” to “prevent the FBI intelligence officials from communicating with the Criminal Division regarding ongoing [intelligence] investigations”
noting that the Chairman of the Senate Judiciary Committee found the amendment “very problematic” because it allows FISA surveillance “where the Government’s most important motivation for the wiretap is for use in a criminal prosecution”
contemplating prior judicial review, presence or absence of probable cause, particularity, necessity, duration, and minimization

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Cites

29 cases in this archive are cited by this case; the 20 most cited are listed.

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