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… “Because the FISA surveillance was not illegal, this Court need not consider the parties' arguments as to whether the illegality of FISA surveillance may serve as a defense to contempt in a grand jury proceeding.” 347 F.3d …
… 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 …
… 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 …