Conviction for Communicating National Defense Information Affirmed

In US v. Abu-Jihaad, No. 09-1375, the court affirmed defendant’s conviction for communicating national defense information respecting the movements of a United States Navy battlegroup to unauthorized persons, holding that 1) there were no constitutional defects in Foreign Intelligence Surveillance Act’s (FISA) certification requirement of “a significant” rather than a primary “purpose…to obtain foreign intelligence information”; 2) no denial of due process in the district court’s decision not to order disclosure of FISA materials to the defendant, or to conduct a preliminary hearing to rule on defendant’s challenge to FISA’s implementation in this case; and 3) the record convincingly satisfied FISA’s purpose and probable cause requirements.

 

Related Resources

  • Read the Second Circuit’s Decision in US v. Abu-Jihaad, No. 09-1375

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