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National security blocks access to FISA application

By John Wesley Hall, Jr.

Defendant accused of aiding terrorist organization fails to get access to FISA warrant materials on national security grounds. United States v. Warsame, 2008 U.S. Dist. LEXIS 31698 (D. Minn. April 17, 2008): II. MOTION TO DISCLOSE FISA MATERIALS Warsame moves for the disclosure of all FISA applications, orders, and related documents as an "aggrieved person" under the Act. See 50 U.S.C. §§ 1806(e), 1825(f). Warsame asserts that disclosure of the FISA applications and orders is necessary for him to fully support his motion to suppress the evidence obtained from the surveillance and searches. Warsame contends that meaningful review cannot be accomplished through an in camera, ex parte review of the documents. Warsame further asserts that denial of disclosure would violate his right to due process...continue to full post

Full post as published by Fourth Amendment on April 19, 2008 (boomark / email).