Courts Accept Secrecy

Many judges are ruling against requests from defendants asking that the government say whether the NSA eavesdropped on them without a warrant, according to the New York Sun. In at least 17 cases, federal district judges have ruled against having the government inform defendants if they were eavesdropped. Many defense lawyers have noted that if it were done without a warrant, it might be inadmissible evidence.

The Justice Department’s policy is to refuse to say publicly whether the NSA program was involved in a given case, saying that denying its role in one case while refusing to deny its role in another case could disclose classified information, according to public government court filings. Instead, in response to defense motions, the Justice Department has filed secret documents with the court, which are not supplied to defense lawyers.

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