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United States v. Weissman

Citations: 447 F. Supp. 2d 538; 2006 U.S. Dist. LEXIS 62579; 2006 WL 2466947Docket: 1:05CR225

Court: District Court, E.D. Virginia; August 14, 2006; Federal District Court

Narrative Opinion Summary

The case involves defendants indicted under 18 U.S.C. § 793(d, e, g) for conspiring to communicate national defense information unlawfully. The indictment claims that the defendants, lobbyists for a foreign affairs committee, conspired with a Department of Defense employee to share classified information with unauthorized individuals. The case raises significant legal issues regarding the Foreign Intelligence Surveillance Act (FISA), focusing on the district court's role in reviewing the legality of FISA surveillance orders and the compliance with statutory requirements. The defendants filed motions for the disclosure of FISA materials and to suppress evidence obtained through FISA-authorized searches and surveillance. The court emphasized the importance of in-camera, ex parte reviews to protect national security interests and found no basis for disclosing FISA materials to the defendants. The court upheld the legality of the surveillance, finding probable cause that the defendants were agents of a foreign power and that minimization procedures were adequately followed. The court denied the defendants' suppression motions, affirming the government's compliance with FISA and national security protocols.

Legal Issues Addressed

Application of 18 U.S.C. § 793(d, e, g)

Application: Defendants were indicted for conspiring to communicate national defense information to unauthorized individuals, involving classified information from a Department of Defense employee.

Reasoning: Defendants Steven J. Rosen and Keith Weissman are indicted for conspiring to communicate national defense information to unauthorized individuals, violating 18 U.S.C. § 793(d, e, g).

Disclosure of FISA Materials

Application: Disclosure of FISA materials is not warranted unless initial reviews uncover misrepresentations or inadequate identification of surveilled individuals.

Reasoning: Disclosure of FISA materials is deemed exceptional due to the potential risk it poses to the United States' foreign intelligence capabilities.

FISA: Court Review Procedures

Application: The district court must conduct an in-camera, ex parte review of FISA materials to determine legality without disclosing them to defendants.

Reasoning: The defendants have filed a motion seeking disclosure of the classified FISA applications, orders, and related materials, and also to suppress evidence obtained from these actions.

Minimization Procedures under FISA

Application: Court found that minimization procedures were followed, and any failures in electronic surveillance were inadvertent and corrected.

Reasoning: In analyzing the defendants' motion to suppress based on alleged minimization failures, the court found that any such failures in electronic surveillance were inadvertent, disclosed to the Foreign Intelligence Surveillance Court (FISC), and promptly corrected.

Probable Cause and FISA Surveillance

Application: The court determined that there was probable cause to classify the defendants as agents of a foreign power under FISA, independent of their lobbying activities.

Reasoning: A review of relevant FISA dockets indicates sufficient probable cause that the targets were agents of a foreign power, independent of their lobbying efforts.