White House invokes privilege in spy cases

The Bush administration has asked federal judges in New York and Michigan to dismiss a pair of lawsuits filed over the National Security Agency's domestic eavesdropping program, saying litigating them would jeopardize "state secrets." In papers filed on May 26, Justice Department lawyers said it would be impossible to defend the legality of the spying program without disclosing classified information that could be of value to suspected terrorists. National Intelligence Director John Negroponte invoked the state secrets privilege on behalf of the administration, writing that disclosure of such information would cause "exceptionally grave damage" to national security. The administration laid out some of its supporting arguments in classified memos that were filed under seal. The government's motion, widely anticipated, involves two cases challenging an NSA program that allows investigators to eavesdrop on US citizens who communicate with people outside the country suspected of terrorist ties. In New York, the Center for Constitutional Rights has asked a judge to stop the program, saying it was an abuse of presidential power. The American Civil Liberties Union and other groups filed a similar lawsuit in Detroit. "The Bush administration is trying to crush a very strong case against domestic spying without any evidence or argument," Shayana Kadidal, an attorney for the Center for Constitutional Rights, said in a written statement. "Can the president tell the courts which cases they can rule on? If so, the courts will never be able to hold the president accountable for breaking the law."