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… Finding ACLU motion within FISC’s jurisdiction, denying motion for release of Court orders and government pleadings regarding §702 on common law and First Amendment right of access grounds because FISC proceedings …
… 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 electronic surveillance at issue was lawfully authorized and legally conducted.” 2010 WL 4705159, at *2. “Because disclosure of the materials is unnecessary for the Court to determine the legality of the collection, …
… 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 …