United States Second Circuit

Defendant's conviction for communicating national defense information respecting the movements of a United States Navy battlegroup to unauthorized persons is affirmed where: 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.

Appellate Information

• Decided 12/20/2010
• Published 12/20/2010

Judges

• Reena Raggi

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Dan E. LaBelle, William J. Nardini