I'm getting a number of emails about this. People are pissed. After all, Obama did promise to filibuster FISA, once upon a time. More from McJoan:
In three separate cases in as many months, the Obama Justice Department has used the same arguments that the Bush administration Justice Department used to attempt to stop judicial review of extraordinary rendition and warrantless wiretapping. In the Mohamed v. Jeppesen extraordinary rendition case, the Obama administration reiterated the Bush administration argument that the case should be dismissed to preserve "states secrets." Likewise, in the Al-Haramain wiretapping case, Obama's DOJ used the arguments of the Bush administration to argue, again, that state secrets should prevent the Al-Haramain case--in which the only secret isn't a secret because it was inadvertently shared with plaintiff's attorneys--from moving forward.
Late Friday, the Obama DOJ actually went the Bush administration one argument further, in a third case. In Jewel v. NSA, the Electronic Frontier Foundation is "suing the National Security Agency (NSA) and other government agencies on behalf of AT&T customers to stop the illegal, unconstitutional, and ongoing dragnet surveillance of their communications and communications records." The Obama administration filed its first response [pdf] to the suit Friday, demanding dismissal of the entire suit.
