"Is it the government's position that when the country is engaged in a war, that the power of the executive when it comes to wiretapping is unchecked?" asked 83-year-old Judge Harry Pregerson, one of the court's staunchest liberals, of a Bush administration lawyer. "The king can do no wrong, is that what it comes down to?"
At stake in the battle is whether the courts have the power to review the government's warrantless wiretapping of Americans if surveillance is conducted in the name of the so-called "War on Terror." The government wants the court to dismiss two lawsuits aimed at shutting down warrantless surveillance and data-mining of Americans' cal
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