WEBVTT - Government Snooping Allowed by One Court (Audio)

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

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<v Speaker 1>exploring legal issues in the news. Today, Bloomberg Law host

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<v Speaker 1>Student Grosso and Michael Best discuss a US appeals Court

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<v Speaker 1>ruling allowing government surveillance without a warrant. They speak to

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<v Speaker 1>Noah Feldman, a professor at Harvard Law School and a

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<v Speaker 1>Bloomberg View contributor. Now, will you explain the situation a

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<v Speaker 1>little bit? What actually happened? Yeah, there was an investigation

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<v Speaker 1>that involved a man named Mohammed Mohammad, who was eventually

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<v Speaker 1>convicted of an attempted bombing in Portland, Oregon, on Black

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<v Speaker 1>Friday of at a Christmas tree raising ceremony. And as

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<v Speaker 1>part of that investigation, the which incidentally came out of

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<v Speaker 1>a sting operation, an FBI sting operation. So as part

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<v Speaker 1>of that investigation, the FBI had um traces on communications

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<v Speaker 1>of an un person outside the US. It may well

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<v Speaker 1>have been someone with whom Mohammed was communicating in Yemen,

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<v Speaker 1>but we don't know that for sure from the records,

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<v Speaker 1>and the US government recorded, the FBI recorded that Mohammed

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<v Speaker 1>was sending emails from inside the US to this person.

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<v Speaker 1>The government then took those emails, read those emails and

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<v Speaker 1>brought them to a U. S court and got a

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<v Speaker 1>warrant to investigate Mohammed, and that led to the process

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<v Speaker 1>ultimately in which he was um stung and then arrested

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<v Speaker 1>that and sent to prison. And what did the Ninth

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<v Speaker 1>Circuits say in upholding his conviction. The Ninth Circuit said

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<v Speaker 1>that as long as the initial wire tapping, that is

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<v Speaker 1>to say, the interception of the communications was targeted not

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<v Speaker 1>at Mohammed, but it's someone outside the US, a non

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<v Speaker 1>American outside the US, than any email els by Americans

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<v Speaker 1>written in the US, that the government happened to intercept

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<v Speaker 1>and read or quote unquote incidental to the national initial investigation.

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<v Speaker 1>And because they were incidental, they were permitted without a

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<v Speaker 1>wired without a warrant under the fourth Amendment of the Constitution.

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<v Speaker 1>And that is Harvard Law School professor and Bloomberg View

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<v Speaker 1>contribute to Noah Feldman speaking to Bloomberg Law, host, To

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<v Speaker 1>Grasso and Michael Best. You can listen to Bloomberg Law

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<v Speaker 1>weekdays at one pm Wall Street Time here on Bloomberg

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<v Speaker 1>Radio Now. Among the top legal stories from Bloomberg Law

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<v Speaker 1>in France, I am F Managing Director Christine Lagarde in

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<v Speaker 1>court today. She's accused of failing to prevent a massive

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<v Speaker 1>government payout to businessman Ber not to pay eight years ago.

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<v Speaker 1>That's what led Guard was the French finance minister. She

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

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<v Speaker 1>You can find more legal news at Bloomberg Law dot

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