Court Sides With Bush on Wiretapping

Judges cite national security in rejecting challenge to program
By Zach Samalin,  Newser Staff
Posted Nov 16, 2007 4:57 PM CST
Senate Judiciary committee chairman Sen. Patrick Leahy, D-Vt., speaks during a news conference on Capitol Hill, Monday, Aug. 20, 2007, about the subpoenas for White House documents regarding the Bush...   (Associated Press)
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(Newser) – The Bush administration's warrantless wiretapping program cleared a big legal hurdle today when a federal appeals court rejected a lawsuit challenging the program on the grounds of national security. The court, considered one of the most liberal in the country,  cited the "state secrets" privilege in its ruling against an Islamic charity with ties to Al-Qaeda.

"We surely cannot legitimately find ourselves second-guessing the executive in this arena," wrote one judge. The unanimous ruling is a sign of how reluctant judges are to interfere with the Bush administration's anti-terror efforts, the LA Times reports. The suit brought by the Al-Haramain Islamic Foundation is one of about  50 filed against the NSA over the surveillance program.