Phone Record Lawsuit Over NSA Spying Dismissed

A judge Tuesday tossed out an ACLU lawsuit against the government over over AT&T’s alleged turning over of phone records to the NSA.

Forcing the government to confirm or deny the transaction would violate laws against divulging state secret, U.S. District Judge Matthew F. Kennelly said.

Furthermore, since the activists could not prove that their individual records might be among the supposed records turned over, they had no basis for a lawsuit.

Let’s see….

in order to prove their records were compromised, the activists need access to the records. However, the records are state secrets. Whether the records exist in a compromised state is a state secret. Whether or not there is a state secret… is also a state secret.

Ten thousand spoons and all you need is a hole in the head.


Edit Your Comment

  1. Jimmy M says:

    1) I love the new AT&T logo you’ve designed.

    2) This is ‘batshit crazy’. It’s a secret so we can’t have justice?

    Too late for confirmation or denial – the docs outlining the whole process from the whistle-blower were leaked early on. Whether or not the ‘bad guys’ ™ think we’re doing it or not – you can sure as hell bet they’re going to cover their asses regardless now.

    That’s like ‘the terrorists’ saying “oh, the lawsuit was thrown out? Akmeid, call up Osama. No don’t used the scrambled encrypted cell phone, they aren’t listening anyways. Call him on the land line.”

  2. konstantConsumer says:

    damn those left-wing judges!

  3. WMeredith says:


  4. Falconfire says:

    people might think this is a recent thing but this is a Nixon era government loophole that all presidents up to GWB (including Clinton) have used. The worse is the usage it has had, the government has even blocked a lawsuit someone had against a former partner for stealing a fiber tapping device he created because it fell under “state secret” because Lucent then sold the stolen tech to the government.

    A real patriot would have killed it when they had the chance. Too bad our governments full of special interest pansys.;

  5. Paul says:

    Amazing that so many people seem concerned about the government not having to turn over evidence here.

    Am I the only one who’s outraged at how many tax dollars got spent dealing with people who brought a suit who had absolutely no reason to believe they’d actually been wronged?

    This is the equivalent of me saying “Ben Popken may have wronged me, somehow, electronically. I want the courts to direct him to show me everything he’s ever done with a computer. Ever.”

    If you don’t have evidence, you shouldn’t be bringing a lawsuit. Period. If they’d actually done some real investigating instead of trying to grab headlines, they might have been able to bring this suit forward. Instead, the tinfoil hat wearers make it harder for someone with a legit grievance in the future.