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… Agent defendants are “entitled to qualified immunity with respect to this category of surveillance.” 916 F.3d at 1220. Agent defendants not entitled to qualified immunity “for recordings made by devices planted by FBI …

… “FISA is constitutional both on its face and in its application to this case.” 1985 WL 5970, at *2. FISA survives defendant’s Fourth Amendment challenge. Id. … United States v. Hovsepian, No. CR 82–917 MRP, 1985 WL 5970 …

… Holding that that the Government may have violated the Fourth Amendment and did violate FISA when it collected the telephony metadata of millions of Americans, including at least one of the defendants convicted of sending …

… The Court amended the opinion reported at 916 F.3d 1202, unanimously voting to deny a petition for rehearing. The Court also voted on an en banc rehearing, but the matter failed to receive a majority of the votes by …