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Foreign Intelligence Surveillance Act (FISA)

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A summary history of FISA litigation in the FISA and Article III courts.

This document is among the materials on the Foreign Intelligence Surveillance Court that, in turn, are among the Center's resources on National Security Cases.

In Print: Available for Distribution

Cases involving national security often pose unusual and challenging case-management issues for the courts. Evidence or arguments may be classified; witnesses or the jury may require special security measures; attorneys’ contacts with their clients may be diminished; other challenges may present themselves.

The purpose of this Federal Judicial Center resource is to document methods federal judges have employed to meet these challenges so that judges facing the challenges can learn from their colleagues’ experiences. Included are terrorism prosecutions, espionage prosecutions, other criminal cases, the Guantánamo Bay habeas corpus cases, and other civil cases. This edition adds an addendum chapter on Foreign Intelligence Surveillance Act litigation. The information presented is based on a review of case files and news media accounts and on interviews with the judges. (Research date: April 24, 2015)

Lessons learned from these case studies are summarized in a companion publication, National Security Case Management: An Annotated Guide

Jewel v. NSA (N.D. Cal. 4:08-cv-4373).

This document is among Selected Orders and Other Case Documents that, in turn, are among the Center's resources on National Security Cases.

United States v. Shnewer (D.N.J. 1:07-cr-459).

This document is among Selected Orders and Other Case Documents that, in turn, are among the Center's resources on National Security Cases.

Electronic Frontier Foundation v. Department of Justice (D.D.C. 1:07-cv-403).

This document is among Selected Orders and Other Case Documents that, in turn, are among the Center's resources on National Security Cases.

United States v. Hassoun (S.D. Fla. 0:04-cr-60001).

This document is among Selected Orders and Other Case Documents that, in turn, are among the Center's resources on National Security Cases.

United States v. Palermino (D. Conn. 3:06-cv-1405).

This document is among Selected Orders and Other Case Documents that, in turn, are among the Center's resources on National Security Cases.

Tyler v. AT&T (D. Neb. 8:06-cv-523).

This document is among Selected Orders and Other Case Documents that, in turn, are among the Center's resources on National Security Cases.

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