Ott
United States v. Ott
Opinion
Opinion
MacBRIDE, J.
MEMORANDUM AND ORDER
This matter is before the court on petitioner’s request for a judicial determination of the legality of certain electronic surveillances, and on respondent’s motion to suppress.
I
Respondent Bruce D. Ott, an Airman First Class of the United States Air Force, is charged by the government with violating Articles 92 and 134 of the Uniform Code of Military Justice, 10 U.S.C. §§ 892 , 934. The charges involve allegations that Ott unlawfully contacted representatives of a foreign government to offer to sell them classified information. The charges were referred for trial by general court-martial. A military trial on the charges convened at Beale Air Force Base in California on or about April 15, 1986.
On or about February 26, 1986, the government notified Ott, through his counsel, and the military judge assigned to preside over Ott’s military trial, that it intended to enter into evidence in that trial certain information obtained from an electronic surveillance operation authorized under the Foreign Intelligence Surveillance Act of 1978 (FISA), 50 U.S.C. § 1801 et seq. The government’s notification was in accordance with the requirements of FISA. See 50 U.S.C.…