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… Order certifying FISCR question of law as to whether 50 U.S. Section 1842 may authorize the government to obtain all post-cut-through digits, subject to a prohibition on the affirmative investigative use of any contents …
… 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 …