Disclosures of NSA surveillance could open door for some terror defendants to challenge cases

Published November 29, 2015

FILE - This June 6, 2013 file photo shows a sign outside the National Security Agency (NSA) campus in Fort Meade, Md. A Brooklyn man serving a 15-year terrorism sentence hopes to challenge his conviction because the Justice Department only recently revealed to him it obtained evidence using one of the National Security Agency’s secret surveillance programs. The notification was a result of a new Justice Department policy after last year's disclosures by NSA leaker Edward Snowden and could lead to the reopening of many cases already closed. (AP Photo/Patrick Semansky, File) (The Associated Press)

The government is notifying some defendants accused of terrorism that it used more National Security Agency surveillance than it disclosed during their court proceedings.

The third such notification was made Monday to an Albanian citizen who pleaded guilty and is serving a 15-year prison sentence.

The notifications are a result of a Justice Department review of certain terror cases. It is unclear how many cases are affected or what the notifications could mean for defendants' abilities to challenge evidence or their convictions.

The secret surveillance at issue is the NSA's collection of communications of non-Americans living outside the U.S. Former NSA systems analyst Edward Snowden revealed details of this program when he disclosed classified documents last year. The president has called for a review of the surveillance.

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