The Muhtorov decision upholding warrantless surveillance

United States v. Muhtorov, Case 1:12-cr-00033, slip opinion (D. Col. Nov. 19, 2015)

On November 19, 2015, Judge John L. Kane of the federal district court for Colorado issued the second judicial decision, after United States v. Mohamud, 2014 WL 2866749 (D.Or. 2014), upholding the constitutionality of warrantless surveillance under Section 702 of the FISA Amendments Act (“FAA”), 50 U.S.C. Sec. 1881a. Continue reading The Muhtorov decision upholding warrantless surveillance

Defendant Khan’s challenge to warrantless surveillance

United States v. Reaz Qadir Khan, Case No. 3:12-CR-00659-MO (D.Or.)

While awaiting trial, defendant Khan received notice on April 3, 2014 of the government’s intent to use evidence obtained or derived from Sec. 702 surveillance against him. Continue reading Defendant Khan’s challenge to warrantless surveillance

Muhtorov’s reply to the government’s position on warrantless surveillance

On July 3, 2014 in United States v. Jamshid Muhtorov, Criminal Case No. 1:12-cr-00033-JLK-01 (D.Colo. filed Jan. 19, 2012), the defense filed a reply to the government’s response to the motion to suppress, Continue reading Muhtorov’s reply to the government’s position on warrantless surveillance

The Muhtorov litigation over discovery of warrantless surveillance

The parties’ positions on disclosure of Sec. 702 surveillance

In addition to arguing that the collection of evidence under Sec. 1881a is per se unlawful, in its brief of January 29, 2014 in United States v. Jamshid Muhtorov, Criminal Case No. 1:12-cr-00033-JLK-01 (D.Colo. filed Jan. 19, 2012), the defense argued for additional discovery. Continue reading The Muhtorov litigation over discovery of warrantless surveillance

The government’s opposition to Muhtorov’s challenge to warrantless surveillance

On May 9, 2014, the government filed an unclassified memorandum, from which classified material was redacted, opposing the motions in United States v. Jamshid Muhtorov, Criminal Case No. 1:12-cr-00033-JLK-01 (D.Colo. filed Jan. 19, 2012), for suppression and discovery. Continue reading The government’s opposition to Muhtorov’s challenge to warrantless surveillance