Previously: AT&T Forwards ALL Internet Traffic Into NSA Says EFF - secret NSA data-closets tap everything, or damned near, according to testimony by retired ATT engineer.

Now, you didn’t really think the Power would let a lawsuit challenge National Security …? Ryan Singel and Kevin Poulsen report:

The federal government intends to invoke the rarely used “State Secrets Privilege” — the legal equivalent of a nuclear bomb — in the Electronic Frontier Foundation’s class action lawsuit against AT&T that alleges the telecom collaborated with the government’s secret spying on American citizens.

The State Secrets Privilege is a vestige from English common law that lets the executive branch step into a civil lawsuit and have it dismissed if the case might reveal information that puts national security at risk.

Today’s assertion severely darkens the prospects of the EFF’s lawsuit, which the organization had hoped would shine light on the extent of the Bush Administration’s admitted warrantless spying on Americans.

The government is not admitting, however, that AT&T aided the National Security Agency in spying on American’s phone calls and internet communications.
[Link]

See also full filing (pdf)
Via boingboing