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Man convicted in terror case seeks evidence from warrantless spying

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WASHINGTON — An Oregon man convicted last year of attempted terrorism filed a motion Monday that paves the way for the first constitutional challenge by a criminal defendant to a warrantless surveillance program operated by the National Security Agency.

Mohamed Osman Mohamud, 22, was found guilty of attempting to use a weapon of mass destruction after he was caught in an FBI sting operation trying to detonate what turned out to be a fake bomb at a Christmas tree lighting ceremony in 2010.

His lawyers have argued that he was entrapped — a bluster-filled college student who was conned — while the government has said he was a genuine jihadist who could have made contact with real terrorists.

Late Monday, Mohamud’s lawyers filed a 66-page motion in US District Court in Portland seeking discovery of information that they believe will aid in an eventual challenge to the constitutionality of the law that authorized the surveillance used in his case.

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