AT&T Claims Eavesdropping Case A Matter Of State Secret

First they illegally spy on you without a warrant, and now that they got caught, they want to pretend that their involvement is protected as a "state secret."

Be afraid, I tell you, be very afraid.

SAN FRANCISCO (Reuters) - AT&T Corp. is seeking not to testify about any role it played in a government program to monitor U.S. communications until a federal judge rules on whether the information is a protected state secret.

Lawyers for the Electronic Frontier Foundation wanted to ask AT&T officials as soon as Wednesday about the company's role in a secret program President George W. Bush said he authorized without court approval after the September 11 attacks.

But in a response on Tuesday to a federal judge, AT&T lawyer Bruce Ericson sought to delay such questioning until the court considers requests from the U.S. government and AT&T to dismiss the suit.

"For their part, plaintiffs do nothing to explain why or how discovery could proceed now, before the court has ruled on the state secrets privilege," Ericson said. "Plaintiffs' plan to commence discovery before a privilege ruling would do nothing but feed their publicity machine."

"If ordered to appear for deposition or to produce documents without a ruling on the state secrets privilege, AT&T would be unable to waive the government's asserted privilege and would therefore be unable to furnish the requested information."

The Electronic Frontier Foundation, a privacy rights group, is asking for a preliminary injunction against the eavesdropping program, with a hearing on that request scheduled for June 21.

The foundation says a former AT&T technician has told them about the telecommunications firm's "Secure Room" and equipment in a secret room in a San Francisco facility. The group wants to question AT&T officials on the issue as well as on which U.S. government officials asked for cooperation on the surveillance program.