Congress’ decision to allow Foreign Intelligence Surveillance Act warrants where obtaining foreign intelligence is a significant rather than primary purpose of the warrant is valid under the U.S. Constitution, the Court of Appeals for the Second Circuit held yesterday.

Addressing an amendment to the act passed in the wake of the Sept. 11, 2001 terror attacks, the Second Circuit upheld the spying conviction of Hassan Abu-Jihaad, a former Navy signalman, for passing secrets on a naval battlegroup’s movements in the Persian Gulf to an advocate of jihad terror attacks.

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