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United States v. Mubayyid, 521 F. Supp. 2d 125 (D. Mass. 2007).
Denying defendant’s motion for disclosure of FISA materials. 521 F. Supp. 2d at 130. Minimization procedures required by FISA do not apply to defendants who are not “unconsenting United States persons” and thus do not clearly apply to defendant who was a “naturalized Australian citizen, of Lebanese origin, who was living in the United States pursuant to a work permit.” Id. at 133. “FISA does not violate the probable cause requirement of the Fourth Amendment” Id. at 137. “[E]ven assuming that all three defendants are “United States persons,” the Court cannot conclude that the minimization procedures here were either inappropriate or were not followed with sufficient fidelity.” Id. at 133–34.
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