Ashley Gorski of ACLU writes:
The Supreme Court is set to decide tomorrow whether it will hear a case concerning criminal defendants’ right to see surveillance applications approved by the secret FISA court. The case, United States v. Daoud, has broad implications for the constitutional rights of all Americans.
In September 2012, following an FBI sting operation, Adel Daoud was charged with attempting to use a weapon of mass destruction and attempting to damage and destroy a building using an explosive. The government notified Daoud that it intended to present evidence at his trial “obtained and derived” from surveillance conducted under the Foreign Intelligence Surveillance Act (FISA). This was not unusual in itself. In the years after FISA was enacted in 1978, FISA evidence turned up in criminal cases only very rarely. More recently, however, the government has been using FISA much more aggressively, including in criminal investigations.
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