Judge Scraps Own Ruling on Surveillance Evidence

Feds might have to reveal whether it used controversial NSA programs

By Newser Editors and Wire Services

Posted Sep 3, 2013 1:55 PM CDT

(Newser) – A federal judge in a Chicago terrorism case has undone a key ruling saying the government needn't divulge whether its investigation relied on expanded phone and Internet surveillance programs revealed by NSA leaker Edward Snowden. Adel Daoud denies trying to ignite what he thought was a bomb in Chicago. But if agents used the programs, he says they violated protections against unreasonable searches.

Prosecutors argued they won't use evidence derived directly from expanded surveillance at the 19-year-old's trial, so aren't required to disclose if they relied on the programs. Judge Sharon Johnson Coleman sided with prosecutors last week. But this weekend, she took the rare step of vacating her ruling when the defense complained it was premature. By doing so, she reopens the matter to further debate.

This undated photo provided by the U.S. Marshal's office shows Adel Daoud, of Hillside, Ill.
This undated photo provided by the U.S. Marshal's office shows Adel Daoud, of Hillside, Ill.   (AP Photo/U.S. Marshal's office)
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