Speaker 1: And now it's time to check our daily Bloomberg Law Brief,
Speaker 1: exploring legal issues in the news. Today, Bloomberg Law host
Speaker 1: Student Grosso and Michael Best discuss a US appeals Court
Speaker 1: ruling allowing government surveillance without a warrant. They speak to
Speaker 1: Noah Feldman, a professor at Harvard Law School and a
Speaker 1: Bloomberg View contributor. Now, will you explain the situation a
Speaker 1: little bit? What actually happened? Yeah, there was an investigation
Speaker 1: that involved a man named Mohammed Mohammad, who was eventually
Speaker 1: convicted of an attempted bombing in Portland, Oregon, on Black
Speaker 1: Friday of at a Christmas tree raising ceremony. And as
Speaker 1: part of that investigation, the which incidentally came out of
Speaker 1: a sting operation, an FBI sting operation. So as part
Speaker 1: of that investigation, the FBI had um traces on communications
Speaker 1: of an un person outside the US. It may well
Speaker 1: have been someone with whom Mohammed was communicating in Yemen,
Speaker 1: but we don't know that for sure from the records,
Speaker 1: and the US government recorded, the FBI recorded that Mohammed
Speaker 1: was sending emails from inside the US to this person.
Speaker 1: The government then took those emails, read those emails and
Speaker 1: brought them to a U. S court and got a
Speaker 1: warrant to investigate Mohammed, and that led to the process
Speaker 1: ultimately in which he was um stung and then arrested
Speaker 1: that and sent to prison. And what did the Ninth
Speaker 1: Circuits say in upholding his conviction. The Ninth Circuit said
Speaker 1: that as long as the initial wire tapping, that is
Speaker 1: to say, the interception of the communications was targeted not
Speaker 1: at Mohammed, but it's someone outside the US, a non
Speaker 1: American outside the US, than any email els by Americans
Speaker 1: written in the US, that the government happened to intercept
Speaker 1: and read or quote unquote incidental to the national initial investigation.
Speaker 1: And because they were incidental, they were permitted without a
Speaker 1: wired without a warrant under the fourth Amendment of the Constitution.
Speaker 1: And that is Harvard Law School professor and Bloomberg View
Speaker 1: contribute to Noah Feldman speaking to Bloomberg Law, host, To
Speaker 1: Grasso and Michael Best. You can listen to Bloomberg Law
Speaker 1: weekdays at one pm Wall Street Time here on Bloomberg
Speaker 1: Radio Now. Among the top legal stories from Bloomberg Law
Speaker 1: in France, I am F Managing Director Christine Lagarde in
Speaker 1: court today. She's accused of failing to prevent a massive
Speaker 1: government payout to businessman Ber not to pay eight years ago.
Speaker 1: That's what led Guard was the French finance minister. She
Speaker 1: has denied the charges and that's this morning's Bloomberg Law Brief.
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