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memorandum in US v. Basaaly Saeed Moalin

The memorandum in support of a motion on shielding FISA/FISC proceedings from the defendant says in part that,    the court “may disclose to the aggrieved person, under appropriate security procedures and protective orders, portions of the application, order or other materials relating to the surveilance only where such disclosure is necessary to make an accurate determination of the legality of the surveilance “, pursuant to United States Code, Title 50, (Sub)Sections 1806(f) and 1825(g).

It would seem to me that the legality of the surveilance is predicated upon the accuracy of many representations and assurances, some of which are most likely not made available to defendant or counsel for defendant, on National Security grounds .

Kevin Poulsen 

of Wired wrote a very good piece about FISA/FISC procedures in June 2013, where he quotes the defendant’s attorney.  Cf.:

http://www.wired.com/threatlevel/2013/06/nsa-defense-lawyers/

 

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Written by meditationatae

July 11, 2013 at 5:08 am

Posted in History

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