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Speaker 1: And now it's time to check our daily Bloomberg Law Brief,

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Speaker 1: exploring legal issues in the news. Today, Bloomberg Law host

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Speaker 1: Student Grosso and Michael Best discuss a US appeals Court

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Speaker 1: ruling allowing government surveillance without a warrant. They speak to

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Speaker 1: Noah Feldman, a professor at Harvard Law School and a

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Speaker 1: Bloomberg View contributor. Now, will you explain the situation a

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Speaker 1: little bit? What actually happened? Yeah, there was an investigation

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Speaker 1: that involved a man named Mohammed Mohammad, who was eventually

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Speaker 1: convicted of an attempted bombing in Portland, Oregon, on Black

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Speaker 1: Friday of at a Christmas tree raising ceremony. And as

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Speaker 1: part of that investigation, the which incidentally came out of

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Speaker 1: a sting operation, an FBI sting operation. So as part

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Speaker 1: of that investigation, the FBI had um traces on communications

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Speaker 1: of an un person outside the US. It may well

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Speaker 1: have been someone with whom Mohammed was communicating in Yemen,

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Speaker 1: but we don't know that for sure from the records,

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Speaker 1: and the US government recorded, the FBI recorded that Mohammed

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Speaker 1: was sending emails from inside the US to this person.

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Speaker 1: The government then took those emails, read those emails and

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Speaker 1: brought them to a U. S court and got a

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Speaker 1: warrant to investigate Mohammed, and that led to the process

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Speaker 1: ultimately in which he was um stung and then arrested

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Speaker 1: that and sent to prison. And what did the Ninth

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Speaker 1: Circuits say in upholding his conviction. The Ninth Circuit said

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Speaker 1: that as long as the initial wire tapping, that is

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Speaker 1: to say, the interception of the communications was targeted not

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Speaker 1: at Mohammed, but it's someone outside the US, a non

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Speaker 1: American outside the US, than any email els by Americans

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Speaker 1: written in the US, that the government happened to intercept

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Speaker 1: and read or quote unquote incidental to the national initial investigation.

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Speaker 1: And because they were incidental, they were permitted without a

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Speaker 1: wired without a warrant under the fourth Amendment of the Constitution.

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Speaker 1: And that is Harvard Law School professor and Bloomberg View

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Speaker 1: contribute to Noah Feldman speaking to Bloomberg Law, host, To

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Speaker 1: Grasso and Michael Best. You can listen to Bloomberg Law

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Speaker 1: weekdays at one pm Wall Street Time here on Bloomberg

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Speaker 1: Radio Now. Among the top legal stories from Bloomberg Law

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Speaker 1: in France, I am F Managing Director Christine Lagarde in

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Speaker 1: court today. She's accused of failing to prevent a massive

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Speaker 1: government payout to businessman Ber not to pay eight years ago.

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Speaker 1: That's what led Guard was the French finance minister. She

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Speaker 1: has denied the charges and that's this morning's Bloomberg Law Brief.

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Speaker 1: You can find more legal news at Bloomberg Law dot

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Speaker 1: com and Bloomberg BNA dot com. Attorneys will find exceptional

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Speaker 1: legal research and business development tools there as well. Visit

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Speaker 1: Bloomberg Law dot com Bloomberg b and A dot com

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Speaker 1: for more information