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The Bush administration said Monday the constitutionality of its warrantless electronic eavesdropping program cannot be challenged.
The government is taking that position in seeking the dismissal of federal court lawsuits against the government and AT&T over its alleged involvement in the once-secret surveillance program adopted after the Sept. 11 terror attacks. The strategy was first recognized by the U.S. Supreme Court in a McCarthy-era lawsuit. It has been increasingly invoked in a bid to shield the government from legal scrutiny.
It has been increasingly invoked in a bid to shield the government from legal scrutiny.