Let me see if I've got this straight...the Bush administration's NSA secret wiretapping program is so secret that nobody can find out whether or not they've been secretly spied on, or prove whether or not they've been injured by being secretly spied on. That's the reason two of the three appeals court judges gave for dismissing the case, saying none of the plaintiffs has grounds to sue.
Sounds like circular logic to me.
Link to NYT coverage of this decision.
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