Feds Will Use Surveillance Info in Court Case

Will likely lead to challenge about constitutionality of warrantless data gathering

The Justtice Department has said for the first time that it intends to use information gained from one of the government's warrantless surveillance programmes against an accused terrorist, setting the stage for a probable supreme court test of the Obama administration's approach to national security.

The court has so far turned aside challenges to the law on government surveillance, saying people who bring such lawsuits have no evidence they are being targeted.

A Justice Department spokesman, Brian Fallon, declined comment on Saturday on the new development, beyond the court filing.