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FBI v. FAZAGA
Opinion of the Court
and ex parte” if the “Attorney General files an affidavit under oath that disclosure or an adversary hearing would
harm the national security of the United States.” §1806(f ).
Three circumstances trigger these procedures: first,
where the United States or a state authority gives notice
under §1806(c) or (d) that it intends to “enter into evidence
or otherwise use or disclose” FISA information; second,
where an aggrieved person files a motion to suppress such
information under subsection (e); and third, where “any motion or request is made by an aggrieved person pursuant to
any other statute or rule of the United States or any State
before any court or other authority of the United States or
any State to discover or obtain applications or orders or
other materials relating to electronic surveillance or to discover, obtain, or suppress evidence or information obtained
or derived from electronic surveillance under this chapter.”
§1806(f ).
Once §1806(f )’s in camera and ex parte procedures are
triggered, the court must review the “application, order,
and such other materials relating to the surveillance as
may be necessary to determine whether the surveillance of
the aggrieved person was lawfully authorized and conducted.” Ibid. If the court finds that the evidence was unlawfully obtained, it must “suppress” the evidence or “otherwise grant the motion of the aggrieved person.” §1806(g).
But if the court finds that the evidence was lawfully obtained, it must “deny the motion of the aggrieved person
except to the extent that due process requires discovery or
disclosure.” Ibid.
B
Respondents Yassir Fazaga, Ali Malik, and Yasser Abdel
Rahim are members of Muslim communities in southern
California who claim that the Federal Bureau of Investigation illegally surveilled them because of their religion. Re-
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