Posted by Jonathan Adler:
Obama Administration Still Defends State Secrets:
http://volokh.com/archives/archive_2009_02_15-2009_02_21.shtml#1235229051
Via [1]How Appealing comes this [2]interesting story:
The Obama administration filed an emergency request with a federal
appeals court Friday to stop a judge in San Francisco from allowing
lawyers challenging the government's wiretapping program to see a
classified surveillance document.
The document is the central evidence in the last remaining lawsuit
over the legality of former President George W. Bush's 2001 order
for the National Security Administration to intercept phone calls
and e-mails between Americans and suspected terrorists in other
nations.
And [3]more from CQ's Legal Beat:
The Justice Department has filed an emergency stay motion at the
9th Circuit, asking it to freeze a district judge's order in a
lawsuit challenging the legality of President Bush's warrantless
surveillance program.
"Disclosure of the material at issue here would cause exceptionally
grave harm to the national security and result in irreparable
injury to the United States," Justice Department lawyers wrote in
their brief. The Obama administration's stance is all the more
striking because the immediate question is whether the plaintiffs
in the case can have access to classified material they have
already seen.
References
1. http://howappealing.law.com/022109.html#032684
2. http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/02/21/MNI916209V.DTL
3.
http://blogs.cqpolitics.com/legal_beat/2009/02/justice-department-again-defen.html
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