The action underscored the difficulty of mounting a challenge to the eavesdropping, which remains classified and was confirmed by President Bush only after a newspaper article revealed its existence.
"It's very disturbing that the president's actions will go unremarked upon by the court," said Jameel Jaffer, director of the ACLU's national security project. "In our view, it shouldn't be left to executive branch officials alone to determine the limits."
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