Posted by Jonathan Adler:
Justice Defends Wiretaps, Invokes State Secrets (Again):
http://volokh.com/archives/archive_2009_04_05-2009_04_11.shtml#1239109931


   From [1]the San Francisco Chronicle:

     The Obama administration is again invoking government secrecy in
     defending the Bush administration's wiretapping program, this time
     against a lawsuit by AT&T customers who claim federal agents
     illegally intercepted their phone calls and gained access to their
     records.

     Disclosure of the information sought by the customers, "which
     concerns how the United States seeks to detect and prevent
     terrorist attacks, would cause exceptionally grave harm to national
     security," Justice Department lawyers said in papers filed Friday
     in San Francisco.

     Kevin Bankston of the Electronic Frontier Foundation, a lawyer for
     the customers, said Monday the filing was disappointing in light of
     the Obama presidential campaign's "unceasing criticism of Bush-era
     secrecy and promise for more transparency."

   As Glenn Greenwald [2]notes here, the Justice Department also asserted
   a broad claim of sovereign immunity in seeking to dismiss the suit.

References

   1. http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/04/06/BARP16TJOQ.DTL
   2. http://www.salon.com/opinion/greenwald/2009/04/06/obama/

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