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State Secrets Defense Rejected In Wiretapping Case 269

knifeyspooney writes in with an Ars Technica report that a federal judge has issued a strong rebuke to government lawyers attempting to invoke the "state secrets" defense to quash a lawsuit over warrantless wiretapping. This is not the high-profile case the EFF is bringing against the NSA; instead the case is being pursued by an Islamic charity that knows it had been wiretapped. "At times, a note of irritation crept into [Judge] Walker's even, judicial language. At one point, he described the government's argument as 'without merit,' and characterized another as 'circular.' He also seemed impatient with the Justice Department's refusal to provide any classified documents addressing Al Haramain's specific claims for review in chambers. 'It appears... that defendants believe they can prevent the court from taking any action under 1806(f) by simply declining to act,' wrote Walker."

The solution of this problem is trivial and is left as an exercise for the reader.