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Glen,
Two things. One, It appears the lawsuits could be maintained for any warrantless spying done before 9-11-01. From what I have read there appears to be some evidence to support the contention that the Bush administration started their warrantless spying program before 9-11-01. The second thing that seems strange is just because the Attorney General says the program was legal does not make it so. Does he just have to say the words or does he have to prove to the court in some way how and why they determined it was legal?