June 12, 2006

Terrorist Spying Case Heard in Detroit

In a federal court in Detroit the ACLU challenged the U.S. government on the legality of NSA terrorist wiretaps. The ACLU wants the program immediately halted even though like the rest of us (including the judge) they don't really know how it works. The Plaintiffs can't prove they're being spied on. Their argument is the existence of the program prevents them from talking to people and doing research. Well, maybe, maybe not. Journalists and scholars are dumb. If they have the perserverance and imagination they can find ways to avoid the appearance of being spied on.

Government lawyers want the case tossed because it could reveal classified information.

Glenn Greenwald is pleased even though he thinks the government will win:

[F]or the first time ever, a federal court this morning is entertaining substantive arguments as to the legality of warrantless eavesdropping.

Suppose Judge Anna Diggs Taylor agrees with the ACLU and orders the program shut down. Is the ACLU willing to accept responsibility for another terrorist attack on U.S. soil? It's easy to preen about civil liberties in the abstract when not all the facts are known.

"Government Defends Domestic Spying in Court"

"Domestic Spying Program Comes Under Legal Scrutiny"