the national security of the United States,” the district court must review “in camera and ex parte the application, order, and such other materials relating to. the surveillance as may be necessary to determine whether the [surveillance or search] of the aggrieved person was lawfully authorized and conducted.” 50 U.S.C., §§ 1806(f), 1825(g). The district court “may disclose to .the aggrieved person, under appropriate security procedures and protective orders, portions of the application, order, or other materials relating to the [surveillance or search] only where such disclosure is necessary to make an accurate determination of the legality of the [surveillance or search].” 50 U.S.C. §§ 1806(f),. 1825(g) (emphasis added); United States v. Abu-Jihaad, 630 F.3d 102, 129 (2d Cir. 2010) (<HOLDING>). E. Osmakac’s FISA Challenge Osmakac concedes
holding that there was no denial of due process in the district courts decision not to order disclosure of fisa materials to the defendant because disclosure of the fisa materials was not necessary to assess the legality of the challenged surveillance holding that the inadvertent disclosure of a privileged document does not waive the attorneyclient privilege if attorney took all reasonable steps to avoid disclosure and asserted the privilege as soon as the disclosure became known holding that the disclosure is a public disclosure within the meaning of the fca if the the prior public disclosure  contained enough information to enable the government to pursue an investigation against the defendant holding that in analyzing whether materials are protected from disclosure under exemption 5 of foia which protects materials covered by the deliberative process privilege  a court must first be able to pinpoint an agency decision or policy to which these documents contributed and stating that the decision whether to prosecute an individual is the type of decision protected by the privilege holding that where an authorized disclosure is voluntarily made to a nonfederal party whether or not that disclosure is denominated confidential the government waives any claim that the information is exempt from disclosure under the deliberative process privilege