Administration cites state secrets in bid to derail spy lawsuit [View All]

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http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2006/05/12/state/n121546D74.DTL

Administration cites state secrets in bid to derail spy lawsuit


As lawmakers demand answers about warrantless electronic eavesdropping on Americans, the Bush administration says its secretive program's constitutionality cannot be challenged.

The government is taking that position in seeking the dismissal of a lawsuit filed in federal court here against AT&T Inc. over its alleged involvement in the surveillance program adopted after the Sept. 11, 2001 terror attacks.

The federal government is invoking the "state secrets privilege" in arguing that the lawsuit must be thrown out because it threatens to divulge information that is deemed critical to national security.

"The state secrets privilege permits the government to protect against the unauthorized disclosure in litigation of information that may harm national security interests," the Justice Department wrote to the judge presiding over the lawsuit filed by the San Francisco-based Internet privacy advocate Electronic Frontier Foundation.