The Qazi Defendants’ Challenge to Warrantless Surveillance

United States v. Qazi et al., Case 0:12-cr-60298-RNS (S.D.Fla. filed Nov. 30, 2012)This case, in which two brothers were charged with attempting to bomb targets in New York, is the other case besides Mr. Daoud’s in which Senator Feinstein stated that communications obtained under Sec. 702 had been successfully used. Notwithstanding Senator Feinstein’s statements, the government refused to disclose whether it intends to use information derived from Sec. 702 surveillance against the defendants. There was extensive litigation in the case over both the government’s discovery obligations and the facial constitutionality of Sec. 702.

On July 21, 2014, the defendants filed a response to the United States’ memorandum of May 14, 2014 on the constitutionality of the FISA Amendments Act, and on August 11, 2014, the government filed a sur-reply.

After pleading guilty on March 12, 2015, Raees Alam Qazi and Sheheryar Alam Qazi, were respectively sentenced, on June 11, to 35 years and 20 years in prison for terrorism violations and for assaulting two Deputy U.S. Marshals while  in custody.

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