UNITED STATES V. MOHAMUD
33
Cromitie further claimed that the government had violated
due process because a government informant had exploited
his relationship with Cromitie to “manipulate Cromitie into
agreeing to the planned attacks”; the court cited our precedent
indicating that “the ‘illusory cultivation of emotional
intimacy’ does not exceed due process limits.” Id. at 220
(quoting United States v. Simpson, 813 F.2d 1462, 1467 (9th
Cir. 1987)). Even considering certain monetary benefits
offered by the government informant—including $250,000
cash, a barbershop valued at $70,000, a new BMW, and a
two-week vacation—the court held that the overall operation
did not rise to the level of a due process violation. Id.
Although Mohamud may have been more vulnerable than
Cromitie, the government’s questionable actions in that case
far exceeded anything here.
In light of the extremely high standard set out in Black,
we hold that the government’s conduct here did not violate
due process.
C. Late Notice Of § 702-Derived Evidence
FISA requires the government to “notify the aggrieved
person and the court” prior to trial when it intends to use at
trial evidence “obtained or derived from electronic
surveillance” pursuant to FISA. 50 U.S.C. § 1806(c); see
also 50 U.S.C. § 1881e(a) (stating that information acquired
under § 702 is subject to the notice requirement in § 1806(c)).
The government provided a supplemental notice regarding
evidence derived under § 702 after the trial concluded.
Mohamud argues that this late disclosure mandates
suppression, or at a minimum, discovery and an evidentiary
hearing to explore the tardy disclosure.
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