Kafka-esque

Check this out

Money quote:

The government argues that the case should be dismissed because it could confirm or deny the existence of a secret program, while the EFF says that if AT&T was provided with legal justification for turning over records to the government, that letter isn’t classified according to law.

Walker dismissed EFF’s arguments, agreeing (.pdf) with AT&T and the governments’ arguments that AT&T can’t defend itself without providing the letter, a letter which the government says would prove the existence of a state secret.