The federal government is urging an appeals court to dismiss a lawsuit challenging President Bush's domestic eavesdropping program, warning that disclosure of such activities could compromise national security.
"The suit's very subject matter — including the relationship, if any, between AT&T and the government in connection with the secret intelligence activities alleged by plaintiffs — is a state secret," the Justice Department argued in court papers.
The documents were filed late Friday and released Monday by the Electronic Frontier Foundation, which brought the suit. It accuses AT&T Inc. of illegally making communications on its networks available to the National Security Agency without warrants, and challenges Bush's assertion that he could use his wartime powers to eavesdrop on Americans without a warrant.
The NSA had conducted the surveillance without a court warrant until January, when the Foreign Intelligence Surveillance Court began overseeing the program.
The court filings on Friday are part of the government's appeal of U.S. District Judge Vaughn Walker's decision last year to keep the foundation's lawsuit alive. Walker ruled that warrantless eavesdropping has been so widely reported that there appears to be no danger of spilling secrets.
http://news.yahoo.com/s/ap/20070313/ap_on_re_us/domestic_spying_lawsuit_1