Fergie's Tech Blog

Feds Appeal State Secrets Decision

Ryan Singel writes on 27B Stroke 6:

The federal government asked an appeals court Monday to immediately hold a hearing on a lower court decision that allows an anti-eavesdropping lawsuit against AT&T to proceed, despite the government's arguments that the lawsuit would harm the national defense.

In the request filed with the Ninth Circuit Court of Appeals, government lawyers argued that last week's landmark decision by Federal District Court Judge Vaughn Walker --a Republican appointee --usurped the executive branch's powers to wage war and keep the country safe.

Walker refused to toss the Electronic Frontier Foundation lawsuit, saying that the existence of the program was no longer a secret since the Administration confirmed news reports that it was spying on some Americans' overseas communications without a warrant.

That decision was one of the few times that a judge has not bowed down to the invocation of the state secrets privilege by the executive branch.

posted by Fergie @ 8/01/2006 07:36:00 AM