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Adam Liptak for the NY Times reports on the ACLU v NSA hearing in Detroit before Federal District Judge Anna Diggs Taylor.
"The government's main argument on Monday, repeated over and over, was that more facts are required but that more facts cannot be disclosed. Judge Taylor asked few questions but at one point appeared frustrated by this approach."
…
"Even parts of the government's brief that were said to demonstrate why further information about the program could not be disclosed have not been filed in court. Instead, the government "lodged" the brief and other classified papers at the Justice Department in Washington, inviting Judge Taylor to arrange to see them."
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(Marbury v Madison was the 1803 Supreme Court case that established judicial review.)
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