Première notification de l’utilisation judiciaire d’éléments provenant du programme de surveillance couvert par la FISA, après une vive opposition de la NSA.
toujours issu de :
Justice is reviewing criminal cases that used surveillance evidence gathered under FISA - The Washington Post
►http://www.washingtonpost.com/world/national-security/justice-reviewing-criminal-cases-that-used-evidence-gathered-under-fisa-act/2013/11/15/0aea6420-4e0d-11e3-9890-a1e0997fb0c0_story_1.html
For the first time last month, the Justice Department informed a terrorism suspect in Colorado that it intends to use “information obtained or derived from acquisition of foreign intelligence information conducted pursuant to the Foreign Intelligence Surveillance Act.”
The notification came in the case against Jamshid Muhtorov, a refugee from Uzbekistan who lives in Aurora, Colo. He was charged in 2012 with providing material aid to the Islamic Jihad Union, and he and another man were suspected of trying to participate in a terrorist attack planned by the group.
That first notification came after a vigorous internal debate last summer between lawyers in the National Security Division and Solicitor General Donald B. Verrilli Jr., who argued that there was no legal basis for withholding disclosure, according to an administration official who spoke on the condition of anonymity to discuss the sensitive matter.
The National Security Division lawyers had argued that it was not necessary to make the notifications unless the evidence derived from the wiretap or intercepted e-mail was introduced directly into the case, the official said. Eventually, Verrilli won out.
