SAN FRANCISCO - A federal judge Thursday refused to dismiss a lawsuit challenging the Bush administration's domestic spying program, rejecting government claims that allowing the case to go forward could expose state secrets and jeopardize the war on terror.
U.S. District Judge Vaughn Walker said the warrantless eavesdropping has been so widely reported that there appears to be no danger of spilling secrets.
Dozens of lawsuits alleging that telecommunications companies and the government are illegally intercepting Americans' communications without warrants have been filed. This is the first time a judge has ruled on the government's claim of a "state secrets privilege."
"It might appear that none of the subject matter in this litigation could be considered a secret given that the alleged surveillance programs have been so widely reported in the media," Walker said.
Walker also wrote that he did not see how allowing the lawsuit to continue could threaten national security.
"The compromise between liberty and security remains a difficult one," Walker said. "But dismissing this case at the outset would sacrifice liberty for no apparent enhancement of security."
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