5-27-2006 White House invokes privilege in spy cases
The Bush administration has asked federal judges in New York and Michigan to dismiss a pair of lawsuits filed over the National Security Agency's domestic eavesdropping program, saying litigating them would jeopardize state secrets.
In papers filed late Friday, Justice Department lawyers said it would be impossible to defend the legality of the spying program without disclosing classified information that could be of value to suspected terrorists.
Shayana Kadidal, an attorney for the Center for Constitutional Rights, called the administration's motion "undemocratic."
"The Bush administration is trying to crush a very strong case against domestic spying without any evidence or argument," Kadidal said in a written statement. "Can the president tell the courts which cases they can rule on? If so, the courts will never be able to hold the president accountable for breaking the law."
Justice Department attorneys said in their legal brief that the legality of the president's actions could only be properly judged by understanding "the specific threat facing the nation and the particular actions taken by the president to meet that threat."
"That understanding is not possible without revealing to the very adversaries we are trying to defeat what we know about them and how we are proceeding to stop them," they wrote.
The Bush administration has asked federal judges in New York and Michigan to dismiss a pair of lawsuits filed over the National Security Agency's domestic eavesdropping program, saying litigating them would jeopardize state secrets.
In papers filed late Friday, Justice Department lawyers said it would be impossible to defend the legality of the spying program without disclosing classified information that could be of value to suspected terrorists.
Shayana Kadidal, an attorney for the Center for Constitutional Rights, called the administration's motion "undemocratic."
"The Bush administration is trying to crush a very strong case against domestic spying without any evidence or argument," Kadidal said in a written statement. "Can the president tell the courts which cases they can rule on? If so, the courts will never be able to hold the president accountable for breaking the law."
Justice Department attorneys said in their legal brief that the legality of the president's actions could only be properly judged by understanding "the specific threat facing the nation and the particular actions taken by the president to meet that threat."
"That understanding is not possible without revealing to the very adversaries we are trying to defeat what we know about them and how we are proceeding to stop them," they wrote.
