FISA's section 1806(f) allows a presiding judge to consider secret evidence and determine whether or not it is legal — without making that evidence public. If practical, the judge could allow the defendant's counsel to participate in arguments.
TITLE 50–WAR AND NATIONAL DEFENSE
CHAPTER 36–FOREIGN INTELLIGENCE SURVEILLANCE
SUBCHAPTER I–ELECTRONIC SURVEILLANCE
Sec.
-
Definitions.
-
Electronic surveillance authorization without court order;
certification by Attorney General; reports to
Congressional committees; transmittal under seal;
duties and compensation of communication common
carrier; applications; jurisdiction of court.
-
Designation of judges.
(a) Court to hear applications and grant orders; record of
denial; transmittal to court of review.
(b) Court of review; record, transmittal to Supreme Court.
(c) Expeditious conduct of proceedings; security measures for
maintenance of records.
(d) Tenure.
-
Applications for court orders.
(a) Submission by Federal officer; approval of Attorney
General; contents.
(b) Exclusion of certain information respecting foreign power
targets.
(c) Additional affidavits or certifications.
(d) Additional information.
-
Issuance or order.
(a) Necessary findings.
(b) Specifications and directions of orders.
(c) Exclusion of certain information respecting foreign power
targets.
(d) Duration of order; extensions; review of circumstances
under which information was acquired, retained or
disseminated.
(e) Emergency orders.
(f) Testing of electronic equipment; discovering unauthorized
electronic surveillance; training of intelligence
personnel.
(g) Retention of certifications, applications and orders.
-
Use of information.
(a) Compliance with minimization procedures; privileged
communications; lawful purposes.
(b) Statement for disclosure.
(c) Notification by United States.
(d) Notification by States or political subdivisions.
(e) Motion to suppress.
(f) In camera and ex parte review by district court.
(g) Suppression of evidence; denial of motion.
(h) Finality of orders.
(i) Destruction of unintentionally acquired information.
(j) Notification of emergency employment of electronic
surveillance; contents; postponement, suspension or
elimination.
-
Report to Administrative Office of the United States Court
and to Congress.
-
Report of Attorney General to Congressional committees;
limitation on authority or responsibility of
information gathering activities of Congressional
committees; report of Congressional committees to
Congress.
-
Criminal sanctions.
(a) Prohibited activities.
(b) Defense.
(c) Penalties.
(d) Federal jurisdiction.
-
Civil liability.
-
Authorization during time of war.
SUBCHAPTER II–PHYSICAL SEARCHES
[Snip 1821-1829]
Chapter Referred to in Other Sections
This chapter is referred to in title 18 sections 2232, 2511, 2522,
3121; title 47 section 1008.
For Use By The Office of the Sec of Def
Agreed
….working
ty…also following another thread….