Judges Weigh Arguments in U.S. Eavesdropping Case (not moot)

[deminks]

http://www.nytimes.com/2007/02/01/washington/01nsa.html

CINCINNATI, Jan. 31 — Three federal judges hearing the first appellate argument about the legality of a National Security Agency domestic surveillance program on Wednesday indicated that they were not that convinced the issue was moot now that the Bush administration had agreed to submit the program to a secret court.

In a series of sharply worded questions to an administration lawyer defending the program, the judges noted that the administration did not promise to continue working with the secret court in the future.

“You could opt out at any time, couldn’t you?” asked Judge Ronald L. Gilman of the United States Court of Appeals for the Sixth Circuit.

Deputy Solicitor General Gregory G. Garre acknowledged the possibility.