In
http://www.dailykos.com/... , McJoan describes how the Bush Adminstration will try to claim that there is a State Secrets privilege that lets it block the EFFs lawsuit against AT&T.
The underlying issue arises from the illegal and unconstitutional warrantless wiretaps that the Bush administration has allegedly placed on a wide variety of telecommunications equipment, allegedly with the possible cooperation of AT&T. McJoan reports the evidence as "An inside source at AT&T provided documentation including "affidavits, lists of equipment and technical specifications related to tapping fiber-optic network links," and the administration has pulled out the big gun of executive privilege, but of course that's no admission of guilt."
There is an alternative path to skinning this cat, should the EFF suit fail.
At least, there is an alternative path if you are an AT&T stockholder, or better yet a whole bunch of them.
You see, while the illegal wiretaps may not create a financial risk to AT&T now, while the Bush Administration is covering for AT&T,in the future there may be a change of regime in Washington. A Democratic President and Congress may decline to protect AT&T. A Libertarian President (admittedly a bit less likely) will be prosecuting private firms (and their executive staff) that cooperated with illegal wiretaps--conspiracy to deprive people of their civil rights.
And now the $64,000 question, that you stockholders ask at the annual meeting: "In its annual report to shareholders, has AT&T fully disclosed any litigation hazard or other consequences--say, senior corporate officers going to prison--of any agreement it made with the current administration to commit acts that may at a later date be found felonious or tortuous? Not "did you do it?" but "Did you fully disclose to the stockholders the financial hazard?". "Regime Change" under various cognomens is a known, recognized hazard. "Did you fully disclose to the stockholders the financial and other hazards attendant to regime change in the United States ?"
A corporate leadership, asked if it has fully disclosed, that fibs about matters is in really deep legal difficulty when it gets caught. Recall Senator Sarbanes and his recent legislation.
Of course, you need a stockholder's meeting first.
George Phillies
http://www.libertyformassachusetts.org