The Associated Press reports:
In a ruling made public on Tuesday, a federal judge said the government must disclose whether it used any information from the domestic eavesdropping program in its case against a man convicted of joining Al Qaeda and plotting to assassinate the president.
The judge, Gerald Bruce Lee, postponed the sentencing of the man, Ahmed Omar Abu Ali, at the request of defense lawyers who said they suspected that he was illegally singled out by the eavesdropping program.
In the ruling, Judge Lee gave prosecutors until March 9 to submit a sworn declaration from a government official to say whether any information from the eavesdropping was used in Mr. Abu Ali’s case.
An interesting development. For background on the arguments, see this story from February 11th and this story from last week.