From EFF

DOJ Moves to Dismiss AT&T Class Action under Cover of Night
May 13, 2006

Early Saturday morning, in the darkest hours of the night, the Department of Justice made good its threat to file a motion to dismiss our class-action lawsuit against AT&T, contending that AT&T’s collaboration with the NSA’s massive and illegal program to wiretap and data-mine Americans’ communications (which violates the law and the privacy of its customers)–despite being front page news throughout the United States and the subject of government press conferences and Congressional hearings–is a state secret.

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