The Department of Justice for the first time Friday notified a criminal defendant that the terrorism-related charges against him stemmed from Congress' 2008 amendments to the Foreign Intelligence Surveillance Act (FISA).

The filing came after Solicitor General Donald Verrilli, the government's advocate to the Supreme Court, won an internal Justice Department debate over whether defendants must be advised about such secret surveillance.

The case against Jamshid Muhtorov, 35, a refugee from Uzbekistan living in Aurora, Colo., now appears destined to become the test case for whether the warrantless surveillance program can pass constitutional muster.

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And the Supremes are not going to be happy since the Administration flat out lied the last time this came up.

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