Challenge to Secret Wiretaps Is Dismissed - New York Times

[groovychk]

Originally published at Twixel.net. You can comment here or there.

Challenge to Secret Wiretaps Is Dismissed - New York Times
A divided federal appeals court yesterday dismissed a case challenging the National Security Agency’s program to wiretap without warrants the international communications of some Americans, reversing a trial judge’s order that the program be shut down.
The majority in a three-judge panel of the United States Court of Appeals for the Sixth Circuit, in Cincinnati, ruled on a narrow ground, saying the plaintiffs, including lawyers and journalists, could not show injury direct and concrete enough to allow them to have standing to sue.

Because it may be impossible for any plaintiff to demonstrate injury from the highly classified wiretapping program, the effect of the ruling was to insulate it from judicial scrutiny. Thus, the program’s secrecy is proving to be its best legal protection.

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So this is just wonderful. The Executive Branch can now wiretap without warrants with impunity. Even when King George II is gone.
Forget the Constitution - the ruling that it was illegal was reversed on appeal because the plaintiffs can’t show harm. ???? It violates the Constitution - why should the burden of showing harm be an issue. Especially when all the evidence of harm is “secret” and can’t be used. Nice.