Big news today. Judge Walker has denied the motions — particularly the one by the federal government — to dismiss our case against AT&T for cooperative with the NSA on warrantless surveillance of phone traffic and records.
The federal government, including the heads of the major spy agencies, had filed a brief demanding the case be dismissed on “state secrets” grounds. This common law doctrine, which is often frighteningly successful, allows cases to be dismissed, even if they are of great merit, if following through would reveal state secrets.
Here is our brief note which as a link to the decision.
This is a great step. Further application of the state secrets rule would have made legal oversight of surveillance by spy agencies moot. We can write all the laws we want governing how spies may operate, and how surveillance is to be regulated, but if nobody can sue over violations of those laws, what purpose do they really have? Very little.
Now our allegations can be tested in court.