Bush administration invokes "state secrets"
It's official: The Bush administration formally said Friday that it will try to halt a lawsuit that accuses AT&T of helping the National Security Agency spy on Americans illegally.
The Justice Department said in its filing that the "United States intends to assert the military and state secrets privilege" and have the case dismissed.
The Bush administration did carefully note, however, that a mere invocation of the state secret privilege should not be viewed as confirmation that AT&T did anything untoward, saying even the non-existence of the activity is a state secret. "The fact that the United States will assert the state secrets privilege should not be construed as a confirmation or denial of any of plaintiffs' allegations, either about AT&T or the alleged surveillance activities," the brief said.