ACLU v. NSA, United States District Court for the Eastern District of Michigan, Judge Anna Diggs Taylor, August 17, 2006 [rejecting the government's assertion of the state secrets privilege, holding that the Bush administration's domestic surveillance program is unconstitutional and ordering the government to immediately cease using warrantless wiretaps to intercept communications of suspected terrorists when one party to the communication is outside the US].

Excerpt:

Defendants assert that they cannot defend this case without the exposure of state secrets. This court disagrees. The Bush Administration has repeatedly told the general public that there is a valid basis in law for the [Terrorist Surveillance Program].9 Further, Defendants have contended that the President has the authority under the AUMF and the Constitution to authorize the continued use of the TSP. Defendants have supported these arguments without revealing or relying on any classified information. Indeed, the court has reviewed the classified information and is of the opinion that this information is not necessary to any viable defense to the TSP. Defendants have presented support for the argument that "it . . is well-established that the President may exercise his statutory and constitutional authority to gather intelligence information about foreign enemies."10 Defendants cite to various sources to support this position. Consequently, the court finds Defendants' argument that they cannot defend this case without the use of classified information to be disingenuous and without merit.

Read the full text of the opinion [PDF] and judgment and permanent injunction order [PDF].