CNET reports U.S. federal prosecutors “intend to use information gathered through the government's warrantless surveillance program in a criminal trial, setting up a possible court test of the constitutionality of such eavesdropping.” In a notice released late Friday, the Justice Department announced it will use "information obtained or derived from acquisition of foreign intelligence information conducted pursuant to the Foreign Intelligence Surveillance Act" in a  case against an alleged terrorist. A deputy legal director with the American Civil Liberties Union has described the filing as a "big deal" that "will undoubtedly set up a constitutional challenge,” the report states.
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