With the lowering of the “wall” between intelligence and law enforcement investigations, and the enhanced coordination between intelligence and law enforcement personnel, NSD has seen a steady increase in the number of requests to use information from FISA-authorized activities as evidence in criminal prosecutions of terrorists and spies.  As a result, the NSD has created a separate Litigation Section to ensure sufficient resources are devoted to FISA-related litigation and to help prosecutors handle evidentiary and discovery issues in such matters.

The Litigation Section reviews and prepares requests for Attorney General authorization to use FISA information in criminal and non-criminal proceedings. The section also drafts motions and briefs and responds to defense motions to disclose FISA applications and to suppress the fruits of FISA collection.  Finally, the section works to ensure the consistent application of FISA in trial and appellate courts nationwide.  To support this effort, the NSD in January 2008 developed a new policy, approved by the Attorney General, for investigators and prosecutors on the use of information obtained or derived from FISA collections.  The section is supervised by a chief who reports directly to Matthew G. Olsen, the Deputy Assistant Attorney General for the Office of Intelligence.