An Islamic charity's lawsuit challenging the Bush administration's warrantless wiretapping program cannot move forward because a key piece of evidence is protected as a state secret, a federal appeals court ruled.
The lawsuit, filed by the Oregon-based U.S. arm of the Al-Haramain Islamic Foundation, alleged the National Security Agency illegally listened to its calls. The charity had wanted to introduce as evidence a top-secret call log they received mistakenly from the Treasury Department.
But the three-judge panel of the 9th U.S. Circuit Court of Appeals said Friday the log could not be used because it fell under the "state secrets" privilege …
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