Top Court Sets Back the Foes of Bush’s Wiretaps

The Supreme Court rejected an appeal related to the Bush administration’s warrantless wiretap program on Tuesday, offering no explanation. The American Civil Liberties Union and others have had a hard time proving the plaintiffs were spied on because the evidence they need is considered a government secret.

AP via Google:

The government has refused to turn over information about the closely guarded program that could reveal who has been under surveillance.

ACLU officials described the situation as a “Catch-22” because the government says the identities of people whose communications have been intercepted is secret. But only people who know they have been wiretapped can sue over the program.

A lawsuit filed by an Islamic charity met a similar fate. The 9th U.S. Circuit Court of Appeals last year ruled against the Oregon-based U.S. arm of the Al-Haramain Islamic Foundation, concluding that a key piece of evidence is protected as a state secret.

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