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CINCINNATI: A divided appeals court rejected a lawsuit challenging President George W. Bush’s domestic spying programme without ruling on the issue of whether warrantless wiretapping is legal. In a 2-1 decision with Republican-appointed judges in the majority, a three-judge panel of the 6th U.S. Circuit Court of Appeals said on Friday the plaintiffs had no standing to sue because they could not prove their communications had been monitored by the Government. The decision underscored the difficulty of challenging the anti-terrorism programme in court because its secret nature prevents plaintiffs from obtaining surveillance information. The National Security Agency had refused to turn over information about the warrantless wiretapping that would have bolstered the court case. “This is a Catch-22,” said Steven R. Shapiro, legal director of the American Civil Liberties Union, which filed the lawsuit. “I think what in effect they’re saying is that we can’t tell you whether you have been wiretapped because that’s a secret. And unless you know you’ve been wiretapped, you can’t challenge that.” — AP
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