The Electronic Frontier Foundation and the U.S. Department of Justice are sparring over warrantless wiretapping again, with government lawyers arguing that continuing the case would violate the "State Secrets" privilege:
"There is nothing non-privileged about any of this case," said DOJ lawyer Tony Coppolino. The Jewel v. NSA lawsuit filed by EFF is an example of a case where "secret and non-secret information cannot be separated," he added. "The information is inextricably intertwined, and the risk of exposure occurs at every outset. All of the NSA's methods for collecting foreign intelligence info to protect this country are privileged."
Justice Dept.: Continuing With NSA Lawsuit Would Violate "State Secrets" Privilege