spied on by the NSA for some part of their arrest and prosecution.
The gov't would have to prove that it didn't. Talk about your greymail defense!
http://blogs.abcnews.com/theblotter/2006/06/catch_22_alive_.htmlThe United States government says a lawsuit brought against AT&T over government surveillance must be dismissed because the state secrets privilege prevents the company from either admitting or denying the allegations.
Even if the program was found to be illegal, the government argues the court could not take action "because to do so would confirm" the allegations and put the country at risk.
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The government brief says the court should dismiss the lawsuit because "adjudication of Plaintiff's claims risks or requires the disclosure of protected state secrets and would thereby risk or cause exceptionally grave harm to the national security of the Untied States."
What a way to bog down the system until BushCo is forced to give up the hyper-Constitutional powers he's claiming.