Yassir FAZAGA; Ali Uddin Malik; Yasser AbdelRahim, Plaintiffs-Appellees,
v.
FEDERAL BUREAU OF INVESTIGATION; Christopher A. Wray, Director of the Federal Bureau of Investigation, in His Official Capacity; Paul Delacourt, Assistant Director in Charge, Federal Bureau of Investigation's Los Angeles Division, in His Official Capacity; Pat Rose; Kevin Armstrong; Paul Allen, Defendants, and
Barbara Walls; J. Stephen Tidwell, Defendants-Appellants.
Yassir Fazaga; Ali Uddin Malik; Yasser AbdelRahim, Plaintiffs-Appellees,
v.
Federal Bureau of Investigation; Christopher A. Wray, Director of the Federal Bureau of Investigation, in His Official Capacity; Paul Delacourt, Assistant Director in Charge, Federal Bureau of Investigation's Los Angeles Division, in His Official Capacity; J. Stephen Tidwell; Barbara Walls, Defendants, and
Pat Rose; Kevin Armstrong; Paul Allen, Defendants-Appellants.
Yassir Fazaga; Ali Uddin Malik; Yasser AbdelRahim, Plaintiffs-Appellants,
v.
Federal Bureau of Investigation; Christopher A. Wray, Director of the Federal Bureau of Investigation, in His Official Capacity; Paul Delacourt, Assistant Director in Charge, Federal Bureau of Investigation's Los Angeles Division, in His Official Capacity; J. Stephen Tidwell; Barbara Walls; Pat Rose; Kevin Armstrong; Paul Allen; United States of America, Defendants-Appellees.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted December 7, 2015 Pasadena, California.
Filed February 28, 2019.
Attorney(s) appearing for the Case
Carl J. Nichols (argued) and Howard M. Shapiro , Wilmer Cutler Pickering Hale and Dorr LLP, Washington, D.C.; Katie Moran , Wilmer Cutler Pickering Hale and Dorr LLP, Los Angeles, California; for Defendants-Appellants/Cross-Appellees Barbara Walls and J. Stephen Tidwell.
Douglas N. Letter (argued), Daniel Tenny , and Mark B. Stern , Appellate Staff; Stephanie Yonekura , Acting United States Attorney; Civil Division, United States Department of Justice, Washington, D.C., for Defendants-Appellees Federal Bureau of Investigation, Christopher A. Wray, and Paul Delacourt.
Before: Ronald M. Gould and Marsha S. Berzon, Circuit Judges and George Caram Steeh III, Senior District Judge.
OPINION
BERZON, Circuit Judge:
TABLE OF CONTENTS
INTRODUCTION...1210
BACKGROUND...1211
I. Factual Background...1212II. Procedural History...1214
DISCUSSION...1216
I. The FISA Claim Against the Agent Defendants...1216
A. Recordings of Conversations to Which Monteilh Was a Party...
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