Foreign Intelligence Surveillance Act (FISA)

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Foreign Intelligence Surveillance Act Litigation

Robert Timothy Reagan

January 31, 2023

A summary history of FISA litigation in the FISA and Article III courts.

Term Talk: U.S. v. Zubaydah, F.B.I. v. Fazaga

Paul Clement, James A. Chance

September 14, 2022

State Secrets Privilege. FISA. Experts discuss the interplay between the common law State Secrets Privilege and the statutory Foreign Intelligence Surveillance Act (FISA).

National Security Case Studies: Special Case-Management Challenges, Seventh Edition

Robert Timothy Reagan

August 28, 2022

Cases involving national security often pose unusual and challenging case-management issues for the courts.

National Security Case Studies: Special Case-Management Challenges, Sixth Edition

Robert Timothy Reagan

September 25, 2015

This publication has been superseded by the seventh edition.

January 2014 Report from Judge Bates Regarding Possible FISA Changes

John D. Bates

January 13, 2014

Letter from FISA Court Presiding Judge Walton to Senate Judiciary Committee

July 29, 2013

Dismissal Order

Vaughn R. Walker

January 21, 2010

Order, Jewel v. NSA, No. 4:08-cv-4373 (N.D. Cal. Jan. 21, 2010), D.E. 703, 2010 WL 235075.

FISA Evidence Order

Robert B. Kugler

August 14, 2008

FISA Evidence Order, United States v. Shnewer, No. 1:07-cr-459 (D.N.J. Aug. 14, 2008, filed Dec. 29, 2009), D.E. 457 (redacted).

Denial of Reconsideration

Thomas F. Hogan

January 29, 2008

Opinion, Electronic Frontier Foundation v. Department of Justice, No. 1:07-cv-403 (D.D.C. Jan. 29, 2008), D.E. 23, 532 F. Supp. 2d 22.

Order on FISA Evidence

Marcia G. Cooke

April 4, 2007

Order, United States v. Hassoun, No. 0:04-cr-60001 (S.D. Fla. Apr. 4, 2007), D.E. 954, 2007 WL 1068127.

Federal Judicial Center

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Foreign Intelligence Surveillance Act (FISA)

Foreign Intelligence Surveillance Act Litigation

Term Talk: U.S. v. Zubaydah, F.B.I. v. Fazaga

National Security Case Studies: Special Case-Management Challenges, Seventh Edition

National Security Case Studies: Special Case-Management Challenges, Sixth Edition

January 2014 Report from Judge Bates Regarding Possible FISA Changes

Letter from FISA Court Presiding Judge Walton to Senate Judiciary Committee

Dismissal Order

FISA Evidence Order

Denial of Reconsideration

Order on FISA Evidence

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