Under the Justice Department policy, if a judge denies a request to postpone a case and orders it to continue, the litigation “will become an excepted activity that can continue during the lapse.”

That’s what happened last week when U.S. District Judge Jeffrey White in California rejected the Justice Department’s request to postpone a lawsuit filed by the Electronic Frontier Foundation. The group sued the National Security Agency in July, calling the surveillance activities that were leaked by former contractor Edward Snowden unconstitutional.

Tuesday, October 15, 2013
The Washington Times

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