State Secrets Defense Invoked in NSA Surveillance Suit

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The Bush Administration invoked a “state secrets” defense in asking a federal appeals court to dismiss an American Civil Liberties Union lawsuit challenging the National Security Agency’s warrantless surveillance program. “This suit must be dismissed because its very subject matter is a state secret,” the Justice Department brief said. A district court held in August that the surveillance program violates citizen rights to free speech and privacy, and is contrary to separation of powers provisions. (12/6/06)