AP reports Federal judge allows lawsuit against NSA.
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Jeebers, apparently Bushco didn't bother to file any defense to the legal challenge at all, just its assertion of "state secrets" privilege. And this judge gots snark!
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In March, the plaintiffs asked the judge to declare the National Security Agency's program illegal. They said the Foreign Intelligence Surveillance Act requires that the spy agency go to a secret court in order to spy within the United States.
The government filed a motion saying that no court can consider the issues because of a privilege against revealing state secrets, if doing so harms national security. The judge said she will hear the government's motion only after proceeding with a June 12 hearing on the plaintiffs' motion to summarily declare the spying illegal.
"Although defendants have not responded to said motion they may, if they appear, argue against it," she said.
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