The Obama administration has lost its argument that a potential threat to national security should stop a lawsuit challenging the government's warrantless wiretapping program. A federal appeals court in San Francisco has rejected the Justice Department's request for an emergency stay in a case involving a defunct Islamic charity.
Obama, like Bush before him, claimed national security would be compromised if a lawsuit brought by the Oregon chapter of the charity, Al-Haramain Islamic Foundation, was allowed to proceed.
Now, civil libertarians hope the case will become the first chance for a court to rule on whether the warrantless wiretapping program was legal or not. It cited the so-called state secrets privilege as a defense against the lawsuit.
"All we wanted was our day in court and it looks like we're finally going to get our day in court," said Al-Haramain's lawyer, Steven Goldberg. "This case is all about challenging an assertion of power by the executive branch which is extraordinary."
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