WASHINGTON: The US justice department says for the first time it plans to use information gained from one of the National Security Agencys warrantless surveillance programs against an accused terrorist, setting the stage for a likely Supreme Court test of the Obama administrations approach to national security. The high court so far has turned aside challenges to the law on government surveillance, saying people who bring such lawsuits have no evidence they are being targeted. Warrantless programs mean they need no court authorization in advance. 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 US forces in Afghanistan. According to court papers, the FBI investigated Muhtorov because of his communications with a website administrator for the IJU. In a court filing Friday, the government said it intends to offer into evidence information obtained or derived from acquisition of foreign intelligence information conducted pursuant to the Foreign Intelligence Surveillance Act of 1978. Last February, the Supreme Court ruled in a 5-4 vote that a group of lawyers, journalists and organizations could not sue to challenge the 2008 expansion of the surveillance law. The court said the plaintiffs could not show that the government would monitor their communications along with those of potential foreign terrorist and intelligence targets. In the majority opinion, Justice Samuel Alito suggested a way for a challenge to be heard. He said if the government intends to use information from such surveillance in court, it must provide advance notice. Last month, Supreme Court Justice Antonin Scalia said the courts ultimately would have to determine the legality of the NSA surveillance program.
Posted on: Sun, 27 Oct 2013 07:43:32 +0000
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