NSA Wiretapping Challenged in Court

The legality of the domestic spying initiative will be put to the test starting Monday, as the American Civil Liberties Union is set to argue for the halting of the program in U.S. District Court in Detroit. The case is the first legal challenge against the program.

A ruling on the case could also further the argument among some opponents of the Bush administration that the president has overstepped his bounds. Some Democrats claim that Bush has used the attacks of Sept. 11, 2001 as an excuse to unconstitutionally expand presidential power.

The President himself authorized the surveillance, saying that it was essential to the war on terrorism. Bush previously had said the government did not spy on Americans without a court order, however evidence later surfaced that seemed to prove that was not the case.

The ACLU will argue that the program is unconstitutional, as well as a violation of the Foreign Intelligence Surveillance Act of 1978. That act requires a court order for domestic wiretaps, obtain through a special "secret" court.

Justice Department lawyers have asked for a dismissal of the case on the grounds that it would require the disclosure of state secrets. The government has used a similar defense in other challenges to the program. They also claim that Bush has a right to order surveillance through wartime powers given to presidents.

However, the White House will not be able to run from the issue for long -- Senate Judiciary Committee Chairman Arlen Specter said he is prepared to restart plans to subpoena telecom executives to discuss their involvement in the program.

Specter had previously backed off the idea of hearings due to pressure from the White House. He is one of several Republicans in the upper house who have expressed reservations about the NSA program.