United States v. Daoud’s Empirical Analysis
755 F.3d 479 · 2014
Citation profile
3 federal appellate ·
Relationships
Applies 18 U.S.C. § 2332A (§ 60023 of the Violent Crime Control and Law Enforcement Act of 1994) · 18 U.S.C. § 373 · 50 U.S.C. § 1801 (§ 101 of the Foreign Intelligence Surveillance Act of 1978) · 50 U.S.C. § 1806 (§ 106 of the Foreign Intelligence Surveillance Act of 1978) · 5 U.S.C. § 552 (Freedom of Information Act)
Relies on Anders v. California · Franks v. Delaware · Simmons v. United States · United States v. Duggan · United States v. El-Mezain
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Thus, in some cases, the Court will likely be able to determine the legality of the surveillance without any disclosure to the defendant. In other cases, however, the question may be more complex because of, for example, indications of possible misrepresentation of fact, vague identification of the persons to be surv-eilled or surveillance records which include[] a significant amount of nonfor-eign intelligence information.... In such cases, the committee contemplates that the court will likely decide to order disclosure to the defendant, in whole or in part, since such disclosure “is necessary to make an accurate determination of the legality of the surveillance.””
1 later decision quote this exact passage · from the majority“The judge appears to have believed that adversary procedure is always essential to resolve contested issues of fact. That is an incomplete description of the American judicial system in general and the federal judicial system in particular. There are ex parte or in camera hearings in the federal courts as well as hearings that are neither or both.”
1 later decision quote this exact passage · from the majority“[T]he judge makes the additional determination, based on full access to all classified materials and the defense's proffer of its version of the events, of whether it's possible to determine the validity of the Franks challenge without disclosure of any of the classified materials to the defense”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.