Recall that Judge Biggers asked for briefs from both sides today on two issues: Whether the government had to show probable cause as to the actual targets of the wiretap or had to also show probable cause as to the three defendants (Zach and Dickie Scruggs and Backstrom) in addition to the actual targets (Balducci and Patterson); and to construct a hypothetical affidavit with the addition of omitted facts or the correction of misstated facts so Judge Biggers could review the affidavit to see if there was probable cause. A description of Judge Biggers’s request is at the end of this post.
The government has filed its response, and nothing in it is unexpected. They argue that the probable cause showing only has to be as to Balducci and Patterson, respectively, and they say no facts were omitted or misstated. You can read the government’s supplemental brief at the link.
NMC, check your first link — something there went whomperjawed on ya.