Judge won't halt AT&T wiretapping lawsuit

A federal district judge on Friday rejected the Bush administration's request to halt a lawsuit that alleges AT&T unlawfully cooperated with a broad and unconstitutional government surveillance program.

U.S. District Judge Vaughn Walker said the lawsuit could continue while a portion of it was being appealed, despite the U.S. Justice Department's arguments that further hearings and other proceedings would consequently endanger national security.

Friday's ruling represents another preliminary victory for the Electronic Frontier Foundation, which filed its lawsuit against AT&T in January. In its suit, the EFF charged that AT&T has opened its telecommunications facilities up to the National Security Agency and continues to "to assist the government in its secret surveillance of millions of ordinary Americans."

In July, Walker rejected the Justice Department's attempt to have the suit against AT&T dismissed. That prompted federal prosecutors to appeal to the 9th Circuit a few days later. Along with AT&T, Verizon Communications, BellSouth and Comcast, they urged Walker to delay the case in front of him until the appeals courts reached a decision, which could take years, if it goes to the U.S. Supreme Court.