Judge rules against government in spying lawsuit

The San Francisco Chronicle reports:

A federal judge on Thursday denied the government's bid to dismiss a lawsuit challenging the Bush administration's domestic spying program.

The government had argued that the lawsuit should be thrown out because it threatens to reveal state secrets and jeopardize the war on terror. The suit by Electronic Frontier Foundation tests the constitutionality of Bush's asserted wartime powers to eavesdrop on Americans without warrants.

The government invoked the so-called "state secrets privilege" in the lawsuit against communications giant AT&T Inc. over the telecom's alleged involvement in Bush's surveillance program adopted after the Sept. 11 terror attacks.

The government intervened in the case, telling U.S. District Judge Vaughn Walker, that it's "a secret of the highest order." Divulging any information about any alleged collusion between AT&T and the government to eavesdrop on Americans could subject AT&T employees and facilities to attack and would enable terrorists "to communicate more securely."

Walker also declined to dismiss AT&T from the case.

Heh.