[Infowarrior] - USG to invoke "State Secrets Privilege" in ATT Wiretap Case

[Richard Forno]

Feds Drop Bomb on EFF Lawsuit
http://wiredblogs.tripod.com/27BStroke6/index.blog?entry_id=1468765

The federal government intends to invoke the rarely used "State Secrets
Privilege" -- the legal equivalent of a nuclear bomb -- in the Electronic
Frontier Foundation's class action lawsuit against AT&T that alleges the
telecom collaborated with the government's secret spying on American
citizens.

The State Secrets Privilege is a vestige from English common law that lets
the executive branch step into a civil lawsuit and have it dismissed if the
case might reveal information that puts national security at risk.

Today's assertion severely darkens the prospects of the EFF's lawsuit, which
the organization had hoped would shine light on the extent of the Bush
Administration's admitted warrantless spying on Americans.

The government is not admitting, however, that AT&T aided the National
Security Agency in spying on American's phone calls and internet
communications.

"[T]he fact that the United States will assert the state secrets privilege
should
not be construed as a confirmation or denial of any of Plaintiffs¿
allegations, either about AT&T or the alleged surveillance activities," the
filing reads. "When allegations are made about purported classified
government activities or relationships, regardless of whether those
allegations are accurate, the existence or non-existence of the activity or
relationship is potentially a state secret."

The Justice Department has not formally invoked the privilege yet.

Today's notice was intended to inform Northern California US District Court
Judge Vaughn Walker that the government was intending to assert the
privilege in order to seek dismissal of the case.

The complete paperwork justifying the government's decision will be filed by
May 12.

Full filing