From Threat Level/Wired News:
SAN FRANCISCO — Setting the stage for a constitutional showdown, the Obama administration dared a federal judge here late Friday to do what no judge has yet done: disclose classified data the government has declared a national security state secret.
The administration urged (.pdf) U.S. District Judge Vaughn Walker to order such a disclosure in a 3-year-old lawsuit weighing whether a sitting U.S. president may bypass Congress and adopt a program of eavesdropping on Americans without warrants. Such an order, the administration said, could halt three years of convoluted litigation and force the appellate courts to weigh in on the hotly contested issue.
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My Comment: The more that things change .... the more that they stay the same.