``A federal judge ruled last week that the National Security Agency’s warrantless surveillance program was illegal and in violation of the Foreign Intelligence Surveillance Act. ...''
http://www.democracynow.org/2010/4/7/attorney_in_wiretapping_case_says_obama
The Obama administration is facing several serious court confrontations in various trials. The DoJ has performed very badly adopting every one of the Bush era arguments in all of them. Obama and AG Holder are trapped between two impossible to defend positions. First, the courts must trust DoJ lawyers assertions the executive branch activity is legal. Second, the courts have no power to compel executive branch lawyers to produce evidence one way or another.
IMHO, both the court and the administration are playing a game of chicken. Who is going to push a constitutional crisis over separation of powers?
CG