FISA Warrant Removal Lawyer
Faced with the consequences of a FISA warrant? Concerned about the legality of the data collected against you or access to banking and partnership opportunities? Our team of qualified attorneys provides comprehensive services in this area, including issues related to government surveillance. We are ready to challenge the FISA warrant, identify procedural violations, incorrect facts, and defend your constitutional rights, including the protection of civil liberties. Our lawyers will work to exclude unlawfully obtained evidence from a criminal case or halt further surveillance.
What does a FISA Warrant mean?
In the field of American national security law, a special place is occupied by the so-called FISA warrant — a document issued based on the Foreign Intelligence Surveillance Act. The Foreign Intelligence Surveillance Act, FISA, is a U.S. law enacted in 1978 that regulates the activities of intelligence and law enforcement agencies in monitoring foreign agents suspected of espionage, terrorism, and collecting foreign intelligence data related to other threats to national security.
This warrant grants the right to acquire foreign intelligence information through surveillance, “wiretapping,” and the collection of other data (email, phone conversations, internet traffic, etc.) from electronic communication service providers. Compared to the traditional criminal prosecution, the process of issuing such warrants for electronic surveillance takes place in a closed session. The defense does not participate in the hearings, and the materials remain classified, raising concerns about warrantless surveillance.
With a FISA warrant, intelligence agencies can legally monitor phone lines, electronic correspondence, eavesdrop on conversations, install covert surveillance devices, etc. This is done without the knowledge of the surveillance target, and the materials can be used to take measures to prevent threats, which raises concerns about warrantless surveillance.
The main goal of a FISA warrant is to prevent acts against national security and to enhance national intelligence. If it is determined that an individual is in contact with foreign intelligence services or terrorist groups, the warrant provides the ability to place them under surveillance if they are suspected of being a foreign power. The warrant allows secret monitoring to understand what specific connections or actions lead to a potential threat to the United States.
How is a FISA Warrant obtained?
At the level of preliminary analysis, employees assess whether they have enough materials indicating a connection between the subject and foreign terrorism, intelligence, arms trafficking, etc. The agency’s lawyers prepare a draft petition outlining who exactly is the subject of surveillance, what evidence has been obtained, particularly focusing on foreign intelligence information, and why it is important for intelligence or threat prevention. This document specifies what type of surveillance is necessary: wiretapping phone conversations, intercepting internet traffic, collecting business records, video surveillance, etc.
After that, the application is forwarded to the U.S. Department of Justice. After internal review and revisions, the DOJ prepares an official petition, which is signed by an authorized official, typically a district judge. This is the final version of the document submitted to the FISC court.
The petition is submitted to the FISC, which operates under conditions of secrecy. Unlike a traditional criminal court, there is no opposing side here (the defendant’s or respondent’s attorney is absent). The judge evaluates whether the evidence presented is sufficient to believe that the subject is a “foreign agent” or involved in terrorist/intelligence activities. If the “probable cause” criterion is not met, the court may reject the application or request additional materials.
A FISA order is issued under specific conditions: who to monitor, which communication channels can be surveilled, and what data to collect. The agency is required to strictly adhere to these parameters and report periodically to ensure court approval. If, at the end of the order’s validity, the intelligence agency believes that surveillance needs to continue, a new application with updated evidence is submitted.
How can a lawyer help with FISA removal?
During the initial consultation, the attorney becomes familiar with the details: how you learned about the existence of the FISA warrant, in what context the collected data against you is being used (criminal prosecution, account freezes, visa denial). At this stage, it is important to determine whether there are grounds to believe that law enforcement agencies abused the FISA procedure or made procedural errors. If “gaps” are identified, the attorney develops a legal position on why the warrant may be considered invalid or in violation of your Fourth Amendment rights (right to privacy) and could be affecting civil liberties.
The lawyer summarizes all available information: official documents, case materials indicating non-compliance with FISA warrant issuance requirements, and potential violations of civil liberties. If it concerns procedural violations, internal reports and possible correspondence between agents and the FISC court are collected.
The lawyer develops a clear strategy for contesting the validity of the warrant, ensuring compliance with court-approved procedures under section 702.
- References to precedents where FISA warrants were previously deemed unlawful;
- Indication of a violation of “probable cause” (insufficient facts to recognize a person as a foreign agent);
- The argument is that the collected information is used not for the direct purpose of national security, but for other purposes beyond the scope of FISA.
If FISA materials are used in a criminal case, the attorney can file a motion to suppress, arguing that the data was obtained in violation of the law, especially if related to criminal activity.
Requirements for a FISA Warrant
First, the applicant must convince the FISC court that there is “probable cause” to believe that the person against whom the warrant is requested is an “agent of a foreign power”;
The petition must substantiate that the information being collected is necessary, specifically for intelligence (and not purely criminal) purposes related to national security. The court checks whether FISA is being used to circumvent ordinary criminal procedural rules and, if a proper court order is in place, if the matter primarily concerns a domestic crime.
Before submission to FISC, the application undergoes a legal review within the FBI and is then sent to the Department of Justice (DOJ), where it is also analyzed for legality by the executive branch. Only after DOJ approval does the document go to the FISC court.
The FISA law provides not only for electronic monitoring (wiretap) but also for “physical search” – this is a legal opportunity to conduct secret searches of premises, vehicles, and personal belongings. Thus, the FBI can indeed search if the FISC court has issued the corresponding FISA warrant.
FISA requires limiting the collection of data unrelated to intelligence. During a search, agents must avoid seizing or copying strictly personal information that is not relevant to the purpose of national security and must be cautious of warrantless surveillance.
What does FISC mean?
The foreign intelligence surveillance court, known as FISC, is a specialized court in the United States operating under the Foreign Intelligence Surveillance Act (FISA). It was established in 1978 to secretly review requests from foreign government agencies (FBI, NSA, etc.) for conducting surveillance, wiretapping, searches, and other measures related to national security and foreign intelligence.
The Foreign Intelligence Surveillance Court (FISC) was created to oversee the legality and justification of surveillance requests for individuals suspected of working for foreign states, terrorism, or other threats to U.S. security. Unlike regular courts, where the defense participates in the process, proceedings in the foreign intelligence surveillance court (FISC) are conducted in a closed (ex parte) manner: only representatives of the government agency and the chief judges of their respective district courts, along with a fisc judge and district judge, are present.
FISC not only approves but also monitors compliance with the conditions outlined in the warrants. Agencies are required to report on methods and not exceed the agreed-upon limits. If violations are detected, the judges appointed may review or revoke permissions.
FISC consists of 11 federal judges, each of whom simultaneously serves as a judge of the U.S. District Court in their jurisdiction. The judges work on a rotational basis: at set intervals, they travel to Washington to review petitions. FISC judges are appointed by the Chief Justice of the United States. Each judge is appointed for a 7-year term.
Individual Privacy protection
When a FISA warrant is approved, intelligence agencies gain the right to wiretap phone conversations, read electronic correspondence, conduct physical searches, intercept internet traffic, conduct video surveillance, and even carry out secret searches to combat international terrorism. These actions most often occur without notifying the person being surveilled and can affect not only their own life but also personal communications (friends, relatives, colleagues).
In 2016, during Donald Trump’s presidential campaign, the FBI obtained a FISA warrant on Carter Page, a foreign policy advisor to the campaign. It was suspected that he might have been acting as a “foreign agent.” This situation became a high-profile political scandal, sparking discussions about the use of FISA warrants in a political context.
Carter Page played an insignificant role in Donald Trump’s election campaign. Trump himself claimed that he did not remember interacting with him, although he did not rule out that they might have been in the same room. Nevertheless, in Russia, Page presented himself as a Trump advisor and spoke sharply against Barack Obama’s foreign policy course. The FBI became interested in Page after his name was mentioned by SVR employees who were being monitored in New York. The agency considered him a potential target for recruitment.
The request for surveillance on Page was based, among other things, on information from the dossier by Christopher Steele, a former British intelligence officer. The document mentioned an alleged meeting between Page and the head of “Rosneft,” Igor Sechin, during which the lifting of sanctions was discussed. However, Page himself denied these accusations under oath in Congress. No official charges were ever brought against him.
The scandal surrounding the “Steele dossier” and questions about the credibility of certain arguments indicate that the mechanism for obtaining a FISA warrant, particularly under section 702, may be vulnerable to subjective interpretation of intelligence data.
An interesting fact: the court almost never denies issuing such a warrant. Over the past year, 1752 requests were made under the Foreign Intelligence Surveillance Act, and only 9 of them were denied.
How to remove a FISA warrant?
The removal of a FISA warrant is not a trivial process, as it is issued by the secret FISC court, and its materials are classified. However, there are certain ways to achieve the invalidation of the warrant or its termination, including contesting the legitimacy of search warrants.
The order is valid for a limited period. If the agency does not apply for renewal after this period, it automatically expires. If the FBI fails to find new evidence for renewal, the FISC court may deny issuing a new order. Thus, surveillance is terminated.
If the evidence obtained under FISA is used against you in a criminal proceeding or criminal investigation, an attorney can file a “motion to suppress” — a petition to exclude such evidence. It is necessary to point out procedural violations: failure to meet “probable cause,” violations of a reasonable expectation of privacy, false facts in the application, etc. If the court grants this motion, the warrant is de facto deemed unlawful.
If it turns out during the process that the FISA warrant was obtained based on distorted data, the DOJ or the FISC court may revoke such authorization. However, this is a rare scenario requiring serious factual grounds and an internal investigation.
In addition, there is a special Court of Review (FISCR) that handles appeals on FISC decisions. If the court refuses to annul a warrant, one can appeal to FISCR, arguing that FISC erred in assessing the facts or the law. The procedures are even more classified, which complicates the defense. However, if the illegality of the warrant is proven, FISCR may overturn the lower court’s decision.
Theoretically, it is possible to bring the matter to the Supreme Court of the United States, but in practice, this happens extremely rarely, considering the secrecy of cases and the limited number of precedents accepted by the Supreme Court for review.
Schedule a consultation with FISA Warrant removal lawyer
If you or your company has become aware of the use of a FISA warrant or suspects that the collected data will be used against you, especially in the FISA court an immediate consultation with an attorney can change the situation.
Lawyers will thoroughly examine the circumstances of the case: they will check whether the criteria for “probable cause” were met, whether the warrant corresponded to actual signs of a national security threat, or if it was used for other purposes. Based on identified violations, a position is formed for the court. A properly prepared motion to quash the warrant or to exclude evidence increases the chances of success.
If necessary, attorneys engage in dialogue with law enforcement, the prosecutor’s office, and the Department of Justice, striving to resolve the issue before trial or find a solution that excludes further use of unlawfully collected data. If a FISA warrant is attempted to be used in a criminal case by the national security agency , our specialists prepare a “motion to suppress,” substantiating why this evidence should not be deemed admissible.
We guarantee complete attorney-client confidentiality. At the same time, we explain each step to the client in as much detail as possible, outlining the risks and advantages so that you feel in control of the situation.
Contact us right now for an initial consultation and the development of effective court representation. Our company is your reliable partner in the fight to protect personal and corporate interests, as well as the right to a fair hearing when applying national security measures, as the president urged congress to consider.
