S.D.N.Y.: FISA application may be reviewed ex parte and in camera and still comply with due process; probable cause shown

A FISA application that led to a prosecution may be reviewed ex parte and in camera and remain under seal, and this complies with due process. “Here, having reviewed the FISC’s probable cause determinations while affording these findings the requisite due deference, the Court concludes that the FISA application(s) readily meet FISA’s probable cause standard and do so with clarity and specificity. ‘The Court cannot say more without the risk of divulging classified information.’ Medunjanin, 2012 WL 526428, at *11. Accordingly, the Court finds that there was sufficient probable cause to establish that the FISA information in this case was lawfully acquired.” United States v. Ho, 2018 U.S. Dist. LEXIS 188185 (S.D. N.Y. Nov. 3, 2018).

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