The American Civil Liberties Union asked a federal court Friday to unseal secret documents filed by the Bush administration to support its warrantless domestic surveillance program.
The administration, which announced last week that it is suspending the electronic surveillance program, said the case challenging its constitutionality should therefore be dismissed. In support of that position, it filed some its arguments under seal–meaning the ACLU does not have access to them.
A hearing on the case is scheduled Wednesday at the federal appeals court in Cincinnati.
In August, U.S. District Judge Anna Diggs Taylor in Detroit held that the wiretapping program violates the 1st and 4th Amendments to the Constitution, which respectively protect free speech and prohibit unlawful searches.
The government appealed, and Judge Taylor’s ruling was stayed pending the appeal.
