IN RE DNI/AG 702(H) CERTIFICATIONS 2018

Not in source.

941 F.3d 547 (2019)

IN RE: DNI/AG 702(H) CERTIFICATIONS 2018 [redacted]

United States Foreign Intelligence Surveillance Court of Review.

July 12, 2019.


Attorney(s) appearing for the Case

[redacted] ( John C. Demers , Stuart J. Evans , J. Bradford Wiegmann , [redacted] on the brief), Appellate Counsel, Office of Law and Policy, National Security Division, Department of Justice, for Petitioner.

AMY JEFFRESS ( John Cella , on the brief), Arnold & Porter Kaye Scholer LLP, Washington, D.C., and JONATHAN G. CEDARBAUM , Wilmer Cutler Pickering Hale & Dorr LLP, Washington, D.C., as Amici Curiae.

Also Present at Oral Argument: J. Bradford Wiegmann , Deputy Assistant Attorney General, National Security Division, Department of Justice;

[redacted] Deputy Chief, Oversight Section, Office of Intelligence, National Security Division, Department of Justice;

[redacted] Chief, Special Operations Unit, Office of Intelligence, National Security Division, Department of Justice;

Dana Boente , General Counsel, Federal Bureau of Investigation;

Section Chief, National Security & Cyber Law Branch, Federal Bureau of Investigation;

[redacted] Senior Counsel for Policy, Legislation, and Compliance, National Security & Cyber Law Branch, Federal Bureau of Investigation;

[redacted] Assistant General Counsel, Federal Bureau of Investigation;

[redacted] Associate General Counsel, Office of the Director of National Intelligence;

[redacted] Attorney Advisor, Office of General Counsel, Central Intelligence Agency; and

[redacted] Attorney — FISA Team, Office of the General Counsel, National Security Agency.

Before: CABRANES, TALLMAN, AND SENTELLE,


On Petition for Review of a Decision of the United States Foreign Intelligence Surveillance Court

The questions presented in this appeal are:

(1) Whether the requirement in Section 702(f)(1)(B) of the Foreign Intelligence Surveillance Act ("FISA"), that procedures for querying information acquired pursuant to Section 702...

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