WASHINGTON — The Justice Department says for the first time that it intends to use information gained from one of the National Security Agency's warrantless surveillance programs against an accused terrorist, setting the stage for a likely Supreme Court test of the Obama administration's approach to national security.
The high court so far has turned aside challenges to the law on government surveillance on the grounds that people who bring such lawsuits have no evidence they are being targeted.
Jamshid Muhtorov was accused in 2012 of providing material support to the Islamic Jihad Union, an Uzbek terrorist organization that, authorities say, was engaging NATO coalition and U.S. forces in Afghanistan.
According to court papers in the case, the FBI investigated Muhtorov after his communications with an overseas website administrator for the IJU.
In a court filing Friday, the government said it intends to offer into evidence in Muhtorov's case "information obtained or derived from acquisition of foreign intelligence information conducted pursuant to the Foreign Intelligence Surveillance Act of 1978."
Read tomorrow's Arkansas Democrat-Gazette for full details.