Judge Won't Dismiss Spying Lawsuit

Rejects Government Bid To Throw Out Challenge To Warrantless Wiretaps

(AP)  A federal judge on Thursday rejected a government bid to dismiss a lawsuit challenging the Bush administration's domestic spying program, saying it failed to qualify as a "state secret" because it had been widely reported.

U.S. District Judge Vaughn Walker said a case could go forward over AT&T's alleged involvement in President Bush's surveillance program adopted after the Sept. 11 terror attacks.

"The compromise between liberty and security remains a difficult one," Walker wrote in his ruling. "But dismissing this case at the outset would sacrifice liberty for no apparent enhancement of security."

The government invoked the so-called "state secrets privilege" and said the case by Electronic Frontier Foundation should be thrown out because it threatens to reveal state secrets and jeopardize the war on terror.

"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 in his ruling.

The case is one of dozens nationwide against telecoms and the government alleging they are illegally intercepting Americans' electronic communications without warrants. Thursday's decision was the first to address the state secrets defense.

The Justice Department did not immediately return calls seeking comment.

The lawsuit by the privacy group tests the constitutionality of Bush's asserted wartime powers to eavesdrop on Americans without warrants. The government intervened and said that divulging information about any alleged collusion between AT&T and the government could subject AT&T employees and facilities to attack and would enable terrorists "to communicate more securely."