United States v. Warsame

“The fact that the government has included misstatements and critical omissions in other FISA applications not at issue here cannot justify disclosure in this case. Without some indication that the congressionally mandated FISA procedures were not followed here, the government's legitimate national security interest in maintaining the secrecy of the information contained in the FISA applications bars disclosure of the materials to Warsame.” 547 F. Supp. 2d at 987–88. “[FISA] ex parte procedure complies with due process.” Id. at 988. “[W]here the primary purpose of the government's surveillance is foreign intelligence gathering, FISA's probable cause and particularity requirements satisfy the reasonableness requirement of the Fourth Amendment.” Id. at 993. “FISA's ‘significant purpose’ requirement is not unconstitutional as it applies to the FISA orders in this case.” Id. at 997.
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