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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