This case is getting really interesting now. As you know the NSA was exposed doing secret wiretapping of US citizens a while back. The federal case that it has started is starting to get mighty deep indeed with all kinds of implications. It’s all outlined quite well here in an ars story. Essentially the judge in the case (good for him) has denied the DoJs invocation of state secrets and forced them to reveal their documents to a proxy (I wonder what secrets they have.. that they have been spying on non-Muslims perhaps?) They are of course appealing the judges ruling.
As Peter Pollack, the author of the ARS article says quite eloquently :
It’s hard to refrain from pointing out that the precarious course the DoJ now finds itself following could probably have been avoided if the NSA had only utilized traditional court oversight in its monitoring program. While many citizens probably agree that there are times when the government needs to conduct investigations into suspicious activity, it is the blanket avoidance of such oversight which raised privacy concerns in so many quarters and prompted the AT&T suit in the first place.