This means that the Bush administration has the distinct privilege of declaring itself above the law and announcing publicly that they are illegally spying on Americans. But when journalists and lawyers, who rely on confidentiality to do their jobs, object in court, that same administration invokes the states secrets privilege to keep anyone from proving that the NSA is doing what they already said they were doing.
It's Rumsfeldian in its circuitousness.
Meanwhile, the White House, Vice President and the Justice Department has until July 18 to comply with the Senate Judiciary Committee's subpoena for the documents about this very program. Since the Sixth Circuit decided not to act, we'll be counting down until then to see if Congress will step up to the plate, find out who is responsible for the decision to break the law, and hold them accountable.