Tenth Circuit ruling is victory for FISA Section 702 surveillance authority
A panel of three judges for the US Court of Appeals for the Tenth Circuit has issued a split 2-1 ruling affirming the conviction of a US resident who had been prosecuted using information collected from warrantless surveillance under Section 702 of the Foreign Intelligence Surveillance Act (FISA).
Judges Scott Matheson, a President Obama appointee, and Allison Eid, a President Trump appointee, authored a 163-page majority opinion, issued on December 8, 2021, rejecting constitutional challenges to Section 702 under the Fourth Amendment and the principle of separation of powers. The majority also held that the government had no obligation to disclose to the defendant the classified materials that had supported its use of FISA powers or the specific surveillance techniques it had used during its investigation. The ruling is a significant victory for the US government’s Section 702 surveillance authority.
https://www.lexology.com/library/detail.aspx?g=73a43d58-f2e1-4198-a948-dddba77b69a3
Appellate Case: 18-1366 Document: 010110616083
https://s3.documentcloud.org/documents/21151581/muhtorov_-10th_circuit_opinion-_12082021.pdf