United States v. Mohamed Osman Mohamud, Case No.3:10-CR-00475-KI (D. Or. filed Nov. 29, 2010)In January 2013, the defendant was convicted of the attempted use of a weapon of mass destruction. On Nov. 19, 2013, less than a month before he was scheduled to be sentenced, the Government filed a Supplemental FISA Notification stating that “the government has offered into evidence or otherwise used or disclosed in proceedings, including at trial, in the above-captioned matter information derived from acquisition of foreign intelligence information conducted pursuant to the Foreign Intelligence Surveillance Act of 1978, as amended, 50 U.S.C. Sec. 1881a.” In response, federal district court Judge Garr King noted in the case docket that “[i]f sentencing remains appropriate, the court will reset the sentencing hearing after it rules on the anticipated motions.”
On January 13, 2014, the plaintiff filed a memorandum in support of its motion for full discovery of (i) the circumstances pertaining to the government’s belated disclosure of the warrantless surveillance conducted under Sec. 1881a and (ii) all surveillance in the case, including, but not limited to, Sec. 1881a surveillance, collection and accessing of telephone and Internet metadata, and surveillance conducted under any other programs revealed since the trial in the case. On February 3, 2014, the government filed a response, to which the defense replied on February 27.