WASHINGTON, Jan. 30 (UPI) -- The American Civil Liberties Union says it will present arguments this week in a lawsuit against U.S. warrantless wiretapping.
A federal appeals court in Cincinnati Wednesday will listen to arguments presented in the ACLU's lawsuit against the National Security Agency on the warrantless wiretapping issue, the ACLU said in a statement.
The ACLU said that last week, the Bush administration "filed legal papers seeking to dismiss the ACLU lawsuit because the NSA surveillance is now under the review of the secret intelligence court."
However, the ACLU said it filed a new brief "opposing the government's motion and pressing the appeals court to rule on the case, stating that the president still claims to retain the 'inherent authority' to engage in wiretapping without the oversight of the FISA (Foreign Intelligence Surveillance Act).
The ACLU also said that "without more information about what the secret FISA court has authorized, there is no way to determine whether the NSA's current activities are lawful."
The ACLU noted that a district court judge "previously ruled that the NSA program is unconstitutional and violates the ... FISA. Stating that there are 'no hereditary kings in America and no power not created by the Constitution,' Judge Anna Diggs Taylor ordered the president to shut down the illegal program. The federal government appealed the ruling."
