Defendant Jayyousi adopted Defendant Hassoun's Motion for Production of All 1

FISA Applications, Orders and Related Materials and for Disclosure of All Other Electronic

Surveillance and Defendant Hassoun's Motion to Suppress Illegally Obtained FISA Evidence on

March 15, 2006 [D.E. 247]. Defendant Padilla adopted Defendant Hassoun's Motion to Suppress

Illegally Obtained FISA Evidence on October 4, 2006 [D.E. 594].

UNITED STATES DISTRICT COURT FOR THE

SOUTHERN DISTRICT OF FLORIDA

Miami Division

Case Number: 04-60001-CR-COOKE/BROWN

UNITED STATES OF AMERICA,

Plaintiff,

vs.

ADHAM AMIN HASSOUN, et al.,

Defendants.

_____________________________________/

ORDER ADOPTING MAGISTRATE'S REPORT AND RECOMMENDATION

DENYING DEFENDANT HASSOUN'S MOTION TO SUPPRESS ILLEGALLY

OBTAINED FISA EVIDENCE [D.E. 727] AND AFFIRMING MAGISTRATE'S

SUPPLEMENTAL ORDER DENYING MOTION FOR PRODUCTION OF ALL FISA

APPLICATIONS, ORDERS, AND RELATED MATERIALS, AND FOR DISCLOSURE

OF ALL OTHER ELECTRONIC SURVEILLANCE OF DEFENDANT [D.E. 728]

Defendant Hassoun's Motion to Suppress Illegally Obtained FISA Evidence [D.E. 200] and

Defendant Hassoun’s Motion for Production of All FISA Applications, Orders, and Related

Materials, and for Disclosure of All Other Electronic Surveillance of Defendant [D.E. 201] were

referred to the Honorable Stephen T. Brown, United States Magistrate Judge for a Report and

Recommendation [D.E. 204] on February 16, 2006. The Magistrate Judge filed a Report and 1

Recommendation [D.E. 727] on December 15, 2006. The Court has reviewed the objections to the

Magistrate Judge's Report and Recommendation, and the appeal from the supplemental order being

Case 0:04-cr-60001-MGC Document 954 Entered on FLSD Docket 04/04/2007 Page 1 of 4
Declaration and Claim of Privilege of the Attorney General of the United States 2

filed on April 5, 2006. [D.E. 271]. An additional copy of the declaration was filed on January

17, 2007. [D.E. 782-2].

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otherwise fully advised in the premises, for the reasons more fully set forth below it is 

ADJUDGED that United States Magistrate Judge Stephen T. Brown’s Report and

Recommendation [D.E. 727] is AFFIRMED and ADOPTED and the Supplemental Order [D.E.

728] is AFFIRMED. 

Defendant Hassoun objects to the Report and Recommendation because he has “no way to

assess whether . . . the Magistrate Judge applied the correct legal standards, or made correct factual

determinations.” Defendant Hassoun's Objections to Magistrate Judge's Report and

Recommendation Denying Defendant Hassoun's Motion to Suppress Illegally Obtained FISA

Evidence [D.E. 752], pg. 2. Defendant contends that the request for production of FISA materials

was denied on the basis of two Declarations which Defendant and his counsel had never seen, and

that production is appropriate for any defense counsel with security clearances. Defendant 2

Hassoun's Notice of Appeal from Magistrate's Supplemental Order on Motion for Production of All

FISA Applications, Orders and Related Materials, and for Disclosure of all Other Electronic

Surveillance of Defendant. [D.E. 753]. The Defendant urges this Court to conduct a de novo review

of all applications, orders and other FISA materials pertinent to the electronic surveillance of

defendant conducted pursuant to FISA, as well as the applications for such surveillance of any thirdparty target which intercepted defendant, and based on that review, disclose the applications, orders

and other FISA materials to the defense. In addition to the request for a de novo review, Defendant

Hassoun contends that a hearing is required pursuant to Franks v. Delaware, 438 U.S. 154 (1978).

Although the Magistrate Judge carefully reviewed the FISA applications and other materials

Case 0:04-cr-60001-MGC Document 954 Entered on FLSD Docket 04/04/2007 Page 2 of 4
I incorporate by reference the Magistrate Judge's Report and Recommendation 3

[D.E. 727]. I find the Magistrate's Report and Recommendation is analytically sound, wellreasoned and correctly states the law. See also Magistrates Report and Recommendation on

Defendant Kifah Wael Jayyousi's Motion to Suppress Evidence Obtained by Means of the

Foreign Intelligence Surveillance Act. [D.E. 692].

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that are the subject of the instant motions, I also reviewed the applications. On review, I agree with

Magistrate Judge Brown. The FISA collection was lawful and properly conducted. 3

Accordingly, it is

ADJUDGED that:

1. The Report and Recommendation [D.E. 727] and the Supplemental Order on Motion

for Production of All FISA Applications, Orders and Related Materials, and for Disclosure of all

Other Electronic Surveillance of Defendant [D.E. 728], both filed December 15, 2006 are

AFFIRMED and ADOPTED.

2. Defendant Adham Amin Hassoun's Motion to Suppress Illegally Obtained FISA

Evidence [D.E. 200] and his subsequent objections to Magistrate Judge Brown’s Report and

Recommendation [D.E. 752] are DENIED.

3. With regard to Defendant Adham Amin Hassoun's Motion for Production of All FISA

Applications, Orders and Related Materials, and for Disclosure of all Other Electronic Surveillance

of Defendant [D.E. 201-1], paragraph 1 is DENIED and paragraph 4 is DENIED as moot.

Accordingly, Defendant Hassoun’s Notice of Appeal from Magistrate’s Supplemental Order [D.E.

753] is DENIED.

Case 0:04-cr-60001-MGC Document 954 Entered on FLSD Docket 04/04/2007 Page 3 of 4
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DONE AND ORDERED in Chambers at Miami, Florida, this 4th day of April, 2007.

Copies provided to all counsel of record.

Case 0:04-cr-60001-MGC Document 954 Entered on FLSD Docket 04/04/2007 Page 4 of 4