A federal judge refused to dismiss a lawsuit challenging the domestic spying program being pursued by US President George W. Bush's administration, rejecting government claims that allowing the case to go forward could expose state secrets and jeopardize the "war on terror."
US District Judge Vaughn Walker on Thursday said the warrantless eavesdropping has been so widely reported that there appears to be no danger of spilling secrets.
Dozens of lawsuits alleging that telecommunications companies and the government are illegally intercepting US citizen's communications without warrants have been filed. This is the first time a judge has ruled on the government's claim of a "state secrets privilege."
"It might appear that none of the subject matter in this litigation could be considered a secret given that the alleged surveillance programs have been so widely reported in the media," Walker said.
Walker also wrote that he did not see how allowing the lawsuit to continue could threaten national security.
"The compromise between liberty and security remains a difficult one," Walker said. "But dismissing this case at the outset would sacrifice liberty for no apparent enhancement of security."
And in declining to dismiss AT&T Inc from the lawsuit, filed by the Electronic Frontier Foundation privacy group, Walker suggested the case had some merit.
"AT&T cannot seriously contend that a reasonable entity in its position could have believed that the alleged domestic dragnet was legal," he wrote.
A Justice Department spokesman said the administration was reviewing the ruling before making its next step.
The lawsuit challenges Bush's assertion that he can use his wartime powers to eavesdrop on the US public without a warrant. It accuses AT&T of illegally making communications on its networks available to the National Security Agency without warrants.
AT&T, based in San Antonio, Texas, said in a statement that it values customers' privacy, but also recognizes its "obligation to assist law enforcement."
The government intervened in the case, telling Walker that Bush's surveillance program, adopted after the Sept. 11 terror attacks, is "a secret of the highest order."
The government argued that divulging any information about any alleged collusion between AT&T and the government to eavesdrop on the public could subject AT&T employees and facilities to attack and would enable terrorists "to communicate more securely."
The state secrets defense, first recognized by the US Supreme Court in a 1950s lawsuit, has been increasingly and successfully invoked by federal lawyers seeking to shield the government from court scrutiny.
The high court has upheld the legal tactic as recently as January, when it rejected an appeal from a former covert CIA officer who accused the agency of racial discrimination.
The president confirmed in December that the National Security Agency has been conducting warrantless surveillance.
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