A federal judge has refused to order the government to disclose whether mass surveillance led investigators to a Wichita man accused of plotting a suicide bomb attack at a Kansas airport.
The possible existence of that evidence has been an issue in the terrorism case against Terry Loewen. The former avionics technician has pleaded not guilty to attempting to use a weapon of mass destruction and attempting to give material support to al-Qaida.
U.S. District Judge Monti Belot said in a ruling Friday that the government has neither admitted nor denied the existence of any materials gathered under the Foreign Intelligence Surveillance Act.
The judge said the issue is moot because the government has not given notice of its intent to use FISA evidence in the case.