A lawsuit challenging the legality of the National Security Agency's warrantless surveillance program should be thrown out because the government is now conducting the wiretaps under the authority of a secret intelligence court, according to court papers filed by the Justice Department yesterday.
In a filing with the U.S. Court of Appeals for the 6th Circuit, in Cincinnati, Justice Department lawyers said the lawsuit of the American Civil Liberties Union and other plaintiffs -- which received a favorable ruling from a federal judge in Detroit -- should be considered moot because the case "no longer has any live significance."
The ACLU called the government's arguments implausible and said it plans to file its response today.
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