Judge Dodges Legality of NSA Mass Spying, Citing Secrecy Claims

"The Justice Department insists that our legal fight against this spying is bound by a Catch-22: no one can sue unless the court first determines that they were certainly touched by the vast surveillance mechanisms of the NSA. But, the government argued successfully, the court cannot decide whether any particular person’s email, web searches, social media or phone calls were touched by the surveillance unless the government admits it. Which, of course, it will not do."