Wiretapping Faces First Legal Hoop
This article is from the archive of The New York Sun before the launch of its new website in 2022. The Sun has neither altered nor updated such articles but will seek to correct any errors, mis-categorizations or other problems introduced during transfer.
DETROIT – The government’s warrantless wiretapping faced its first courtroom test yesterday,with the Bush administration arguing that the program is well within the president’s authority but that proving it would require revealing state secrets.
U.S. District Judge Anna Diggs Taylor heard arguments in a case brought by the American Civil Liberties Union against the National Security Agency. The ACLU wants the program halted immediately, arguing that it violates the rights to free speech and privacy.
The judge gave no indication of when she might rule. The ACLU said the statesecrets argument is irrelevant because the Bush administration already has publicly revealed enough information about the program for Judge Taylor to rule.
But government attorney Anthony Coppolino told the judge that the case cannot be decided based on a “scant public record.”
“This case does not involve easy questions,” he said. “It’s a case that requires a robust factual record.”
