The ongoing revelations about Lt. Gen. Michael Flynn’s alleged pre-inaugural contacts with Russian Ambassador Sergey Kislyak have generated some confusion about what privacy protections extend to US persons—i.e., citizens, permanent residents, or certain entities—under the Foreign Intelligence Surveillance Act (FISA). The revelations allegedly stem from “a wiretapped conversation that Mr. Flynn had with Mr.
Nima R.T. Binara (J.D., Columbia; LL.M., London School of Economics) served in the Justice Department for six years, where he represented the government in classified matters before the Foreign Intelligence Surveillance Court, conducted oversight over U.S. intelligence agencies, and worked as a federal prosecutor in the Eastern District of Virginia. This analysis is his personal view, and is based solely on unclassified information.
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