Glenn Greenwald, he of the incomparable blog
Unclaimed Territory, besides doing yeomanly work recently in calmly documenting the viciousness and general idiocy of the right-wing bloggery and thereby provoking some of the most entertaining Saturday AM fare since RugRats, is the first source I found for
this:
The Bush adminstration suffered an enormous defeat today, as a federal district court denied its motion to dismiss the lawsuit brought by the Electronic Frontier Foundation against AT&T, which alleges that the administration's NSA warrantless eavesdropping program (and AT&T's cooperation with it) is illegal. Most significantly, the district court, which is in the Northern District of California, rejected the administration's claim that allowing the litigation to proceed would jeopardize the disclosure of "state secrets," a doctrine which the administration has repeatedly exploited to prevent judicial review of its conduct. Traditionally, courts almost always defer to the executive's invocation of that claim and accept the President's claim that national security requires dismissal of the case. But this time, the court rejected that claim.
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Most critical of all was the court's ultimate reasoning, which, relying on the Supreme Court's ruling in Hamdi v. Rumsfeld, served as yet another reminder that the Bush administration's claims of unlimited presidential power have no place in our system of government (Dec. at 36):
"Even the state secrets privilege has its limit. While the court recognizes and respects the executive's constitutional duty to protect the nation from threats, the court also takes seriously its constitutional duty to adjudicate the disputes that come before it. See Hamdi v. Rumsfeld, 542 US 507, 536 (2004) (plurality opinion) ("Whatever power the United States Constitution envisions for the Executive in its exchanges with other nations or with enemy organizations in times of conflict, it most assuredly envisions a role for all three branches when individual liberties are at stake").
To defer to a blanket assertion of secrecy here would be to abdicate that duty, particularly because the very subject matter of this litigation has been so publicly aired. The compromise between liberty and security remains a difficult one. But dismissing this case at the outset would sacrifice liberty for no apparent enhancement of security."
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