Pleading "state secrets"-- the new 5th

God bless Chicago Tribune reporters:

U.S. secrets privilege invoked
Dismissal sought of phone-records suit against AT&T

By Tribune staff reporter
Published July 14, 2006

Justice Department lawyers invoked a rarely used "state secrets" privilege Thursday in seeking to have a lawsuit against phone giant AT&T tossed out of federal court.
The lawsuit, filed by the American Civil Liberties Union and Chicago author Studs Terkel among others, claims AT&T has improperly turned over millions of phone records to the government without a court order.
Deputy Assistant Atty. Gen. Carl Nichols argued that the suit should be thrown out because the Bush administration has decided to invoke the state secrets privilege, effectively shutting down any confirmation or denial of key allegations in the suit.
If AT&T or the government were to confirm the collection of phone records through a domestic surveillance program, it would give aid to terrorists and damage national security, Nichols said.

. . .

Like terrorists don't know by now. Or even like they didn't know before the story first came out. No, there is only a small set of reasons to invoke "state secrets", none of them very good nor actually relevant to national security. One is to cover The Regime agaianst official recognition of its illegal activities. Or to protect The Regime's Good Buddies in industry. Or, well, just because they can.

Invoking state secrets now is sort of like pleading the fifth amendment (Mr. Scalia hasn't gotten that ruled unconstitutional yet, has he?) in some cases: the government is incriminated by refusing to risk incriminating itself. But AT&T is protected, as is NSA snooping, legal or not. Tell me again who it is that "hates our freedoms"?