22 UNITED STATES V. MOHAMUD promoted terrorism. The court also highlighted that Mohamud never showed any reluctance (unlike the defendant in Sherman), and only thirteen minutes after meeting Youssef in person, he said that he wanted to become “operational” by using a car bomb. After the verdict (but before sentencing), the government filed a supplemental notice that it had “offered into evidence or otherwise used or disclosed in proceedings, including at trial” information derived from information collected pursuant to § 702 of the Foreign Intelligence Surveillance Act of 1978 (“FISA”), 50 U.S.C. § 1881a (hereinafter referred to as “§ 702”).12 Mohamud argued that this late notice warranted suppression of this evidence (and any fruits thereof). The government countered that FISA did not provide for suppression in these circumstances, and in any case, there was no substantial prejudice, as the district court could conduct a post-trial suppression analysis. The district court agreed, finding no misconduct in the late disclosure, and that Mohamud had suffered no prejudice from the delayed disclosure. Mohamud also argued that suppression was warranted because § 702 violates the First and Fourth Amendments, as well as the separation of powers doctrine.13 As a threshold 12 Section 702 was added to by the FISA Amendments Act of 2008, Pub. L. No. 110-261, 122 Stat. 2436, and was amended by the USA FREEDOM Act of 2015, Pub. L. No. 114-23, 129 Stat. 268. 13 Here, Mohamud contended that U.S. Foreign Intelligence Surveillance Court (“FISC”) review of targeting and minimization procedures under § 702 amounts to “providing a non-judicial advisory opinion” and authorizes a rule-making role for judges in violation of the non-delegation doctrine.