Even though 100s of terror cases have been litigated, the case of Jamshid Muhtorov will be the first that the U.S. government will use NSA data in.  The government has provided notice to the defense that it intends to use information gathered through the controversial NSA program to prosecute the suspect.  This notice is significant because it now will give the defendant legal standing to challenge the program.  Previous legal challenges to the program have failed because it couldn’t be proven that either the person was surveilled using the program or that data used in the prosecution was gotten through the program.

The government has used the data from the mass dragnet for investigative purposes, but never made public notice to use it in court.  Civil liberties groups have been trying to get the government to publicly disclose its usage.  The announcement is expected to trigger a landmark constitutional case that could land before the U.S. Supreme Court.  The program is authorized under Section 702 of the Foreign Intelligence Surveillance Act (FISA), which has become the subject of scrutiny since disclosures by former NSA contractor Edward Snowden as to the scope of the program.

“The government intends to offer into evidence or otherwise use or disclose in proceedings…information obtained or derived from acquisition of foreign intelligence information conducted pursuant to the Foreign Intelligence Surveillance Act of 1978,” Friday’s court filing said.

Muhtorov has been charged with providing and attempting to provide material support to a designated foreign terrorist organization.  He was arrested in 2012 at Chicago’s O’Hare International Airport.  He is a refugee from Uzbekistan and is accused of planning to travel overseas and fight on behalf of the Islamic Jihad Union.  The IJU, a Pakistan-based extremist group, opposes secular rule in Uzbekistan and wants to replace the current regime with a government based upon Islamic law.  Government officials say the IJU is known for conducting suicide attacks in Uzbekistan.  The group has previously also claimed responsibility for attacks in Afghanistan.  Muhtorov allegedly has sworn allegiance to the IJU.  Muhtorov is not linked to any plots or attacks. 

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Comments
  1. Lon Spector says:

    We live in dictatorship-NOW! You’d think that these politicans who espouse love and tolerance would oppose a “1984′ garrison state. Not so. They are instituting one.

    Like

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