"The Judiciary Strikes Back
The government fails to kill off a court challenge to NSA snooping.
Posted Friday, July 21, 2006, at 4:00 PM ET
Until Thursday, the NSA wiretapping scandal had gone remarkably well for the Bush administration. Congress and the Federal Communications Commission opted not to investigate, and after some initial alarm, much of the public seemed untroubled as well. By confirming allegations that he had authorized eavesdropping within the United States, President Bush managed to turn the story into a tough-on-terrorism example and dare critics to explain just what it was about fighting terror that made them so uncomfortable. It was masterful politics.
But that all changed when a federal judge in San Francisco on Thursday issued a ruling on an obscure procedural point in a court case between the Electronic Frontier Foundation, a digital rights nonprofit, and AT&T. Judge Vaughn Walker rejected the government's claim that because of the doctrine of state secrets, traditionally used to prevent the introduction into court of specific evidence that might compromise national security, he should dismiss EFF's entire case against the phone company. It's almost unheard of for a judge to shoot down a state-secrets claim, and in that respect, Walker's decision represents a setback for the administration. But the Walker opinion signals something more significant, as well: a rejection of the Bush administration's vision of a wartime executive that can govern unchecked. The judiciary is striking back. . . "
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