Appeals Court Punts on AT&T Spying Case Appeal
More than a year after hearing oral arguments, a federal appeals court has declined to rule on whether lawsuits targeting the president's warrantless wiretapping of Americans are too secret to be challenged in court, according to an order released Thursday...
The EFF's legal director Cindy Cohn describes the dismissal of the appeal as a victory, since the government was arguing to the appeals court that even admitting an "espionage relationship with AT&T" to a judge in secret implicated state secrets.
"But if they want to get immunity, they have to confirm an espionage relationship," Cohn said. "They have to waive the state secrets privilege to get to immunity."