2009-04-14 15:38:31 UTC
First, they argued, exactly as the Bush Administration did
on countless occasions, that the state secrets privilege requires the court to dismiss the issue out of hand. They asserted that simply allowing the case to continue "would cause exceptionally grave harm to national security." As in the past, this is a blatant ploy to dismiss the litigation without allowing the courts to consider the evidence.
Second, the DOJ claimed that the U.S. Government is
completely immune from litigation for illegal spying
because the USA PATRIOT Act renders the U.S. immune from
suit under the two remaining key federal surveillance laws:
the Wiretap Act and the Stored Communications Act. This is
a radical assertion that is utterly unprecedented. No one
-- not the White House, not the Justice Department, not any member of Congress, and not the Bush Administration -- has ever interpreted the law this way.