In trying to sort out litigation over the federal government’s once-secret wire-tapping program, three 9th Circuit judges wanted to know whether a bit more candor from the government could make one suit go away. And in another, they seemed inclined to dismiss it themselves.

At a Wednesday hearing on two cases over the spying program that followed the Sept. 11 attacks, Judges Harry Pregerson, M. Margaret McKeown and Michael Daly Hawkins seemed offended by the government’s wide-ranging invocation of the state secrets privilege but also unlikely to give plaintiffs lawyers everything they want.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]