The National Security Agency's program to spy on Americans without warrants was illegal, a federal judge ruled Wednesday. The ruling by Judge Vaughn Walker (PDF) was a win for civil libertarians, and a major victory for the plaintiffs in this case, Al-Haramain, an Islamic charity that was wiretapped, along with its lawyers, in 2004.
Groups like the ACLU and the Electronic Frontier Foundation have tried out numerous legal strategies in a years-long effort to challenge the Bush administration's warrantless wiretapping program. The Al-Haramain case represents the first time that plaintiffs who claim they were wiretapped have been able to get around the so-called "state secrets" clause, which acts as a sort of "get-out-of-court-free" card for the government in many national security cases. Al-Haramain's win could be temporary, though: the Obama administration will almost certainly appeal the decision. (Update: Marcy Wheeler disagrees.) Read on...