University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name United States v. Daher NS-MI-0006
Docket / Court 2:18-cr-20559-NGE-MKM ( E.D. Mich. )
State/Territory Michigan
Case Type(s) National Security
Special Collection Criminal cases challenging FISA surveillance
Foreign Intelligence Surveillance Act -- All Matters
Foreign Intelligence Surveillance Court
Case Summary
This is a federal criminal case where the government attempted to introduce evidence obtained through the Foreign Intelligence Surveillance Act (FISA). On August 14, 2018, two operators of a Detroit gas station were indicted in the United States District Court for the Eastern District of Michigan ... read more >
This is a federal criminal case where the government attempted to introduce evidence obtained through the Foreign Intelligence Surveillance Act (FISA). On August 14, 2018, two operators of a Detroit gas station were indicted in the United States District Court for the Eastern District of Michigan for the crime of defrauding the Supplemental Nutrition Assistance Program (SNAP). The defendants allegedly bought SNAP funds from recipients with cash at a discounted price, then fraudulently billed the government for the total value. They were charged with 14 counts of wire fraud (18 U.S.C. § 1343). The case was assigned to United States District Judge Nancy G. Edmunds. On September 12, 2018, the U.S. Department of Justice notified the criminal defendants in this case that some of the evidence the government intended to use against them was obtained from a FISA warrant obtained under 50 U.S.C. §§ 1801-1812.

Both men were released on bail after their arraignment on August 16, 2018. One defendant, represented by a federal public defender, pleaded guilty to a single count of wire fraud on December 6, 2018, prior to filing any pretrial motions. He was sentenced to a year and a day in federal prison on April 18, 2019.

The other defendant, represented by private counsel, filed several pretrial motions relating to the FISA evidence. On February 8, 2019, he moved for discovery of the evidence obtained under FISA, as well as the application and order that allowed the government to collect it.

The government opposed this motion. On June 6, 2019, it filed a declaration from Attorney General William P. Barr claiming that an adversarial hearing would endanger national security and asking the court to conduct an ex parte and in camera review of the relevant documents. This process is set out in 50 U.S.C. §§ 1806(f) and 1825(g).

Later on September 19, 2019, the defendant moved to dismiss the indictment against him, claiming that the use of FISA material in this prosecution was improper because he was charged with a domestic criminal offense with no relationship to the normal subjects of FISA: foreign powers or their agents.

Judge Edmunds denied both of the defendants' motions in a December 24, 2020 order. After reviewing the FISA warrant and application materials ex parte and in camera she found that they complied with the relevant statutory standards. In denying the defendant's motion to dismiss, she also found that FISA materials could be used in cases without a national security connection when the original surveillance was designed to obtain foreign intelligence information. 2020 WL 7664789.

As of March 3, 2021, the remaining defendant's case is set for trial on April 13, 2021.

Jonah Hudson-Erdman - 03/03/2021


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
General
Confidentiality
Courts
Records Disclosure
Search policies
Terrorism/Post 9-11 issues
Plaintiff Type
U.S. Dept of Justice plaintiff
Special Case Type
Criminal
Causes of Action FISA Title I Warrant (Electronic Surveillance), 50 U.S.C. §§ 1801-1812
Defendant(s) Kamel Mohammad Rammal
Nassif Sami Daher
Plaintiff Description This is a federal criminal case and the plaintiff is the United States government.
Class action status sought No
Class action status outcome Not sought
Filed Pro Se No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief Criminal Conviction
Source of Relief Litigation
Filed 08/14/2018
Case Ongoing Yes
Additional Resources
click to show/hide detail
  See this case at CourtListener.com (May provide additional documents and, for active cases, real-time alerts)
Court Docket(s)
E.D. Mich.
02/08/2021
2:18-cr-20559-NGE-MKM
NS-MI-0006-9000.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
General Documents
E.D. Mich.
08/14/2018
Indictment [ECF# 1]
NS-MI-0006-0001.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
E.D. Mich.
09/12/2018
Notice of Intent to Use Foreign Intelligence Surveillance Act Information [ECF# 21]
NS-MI-0006-0002.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
E.D. Mich.
06/06/2019
Declaration and Claim of Privilege of the Attorney General of the United States [ECF# 39-1]
NS-MI-0006-0004.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
E.D. Mich.
12/24/2020
Order on Defendant's Motion to Discover and Motion to Dismiss [ECF# 59] (2020 WL 7664789)
NS-MI-0006-0003.pdf | WESTLAW | Detail
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Edmunds, Nancy Garlock (E.D. Mich.) show/hide docs
NS-MI-0006-0003 | NS-MI-0006-9000
Majzoub, Mona K. (E.D. Mich.) [Magistrate] show/hide docs
NS-MI-0006-9000
Plaintiff's Lawyers Barr, William P. (District of Columbia) show/hide docs
NS-MI-0006-0004
Corken, Cathleen M (Michigan) show/hide docs
NS-MI-0006-0001 | NS-MI-0006-0002 | NS-MI-0006-9000
Neal, John K (Michigan) show/hide docs
NS-MI-0006-0001
Salzenstein, Douglas C (Michigan) show/hide docs
NS-MI-0006-9000
Schneider, Matthew J (Michigan) show/hide docs
NS-MI-0006-0001 | NS-MI-0006-0002
Weier, Craig A (Michigan) show/hide docs
NS-MI-0006-0001 | NS-MI-0006-0002 | NS-MI-0006-9000
Defendant's Lawyers Makled, Amir I (Michigan) show/hide docs
NS-MI-0006-9000
McGunn, Nancy L (Michigan) show/hide docs
NS-MI-0006-9000

- click to show/hide ALL -

new search
page permalink

- top of page -