Here we see a two-pronged attack on the separation of powers. The president claims that he is not bound to respect the laws passed by Congress (i.e., FISA), and furthermore he is the final authority on what court cases might jeopardize national security. The president’s decision is not subject to appeal. He is not accountable to Congress or to the public for his determinations. He doesn’t have to give reasons for his decisions.
The bottom line is that the president can block any court case he wants by claiming that the case might reveal state secrets. That was a nice way to shut down the Illinois citizens who wanted to sue to stop AT&T from giving their private records to the government, or anyone who might want to use the courts to challenge Bush’s authority.
Anybody else see the problem here?
(N.B. that this isn’t the EFF lawsuit, which is proceeding.)