>> If the executive branch can classify things as sensitive to the national security, and there is a state secrets exception to trial, then how on Earth are the

>> If the executive branch can classify things as sensitive to the national security, and there is a state secrets exception to trial, then how on Earth are the judiciary and executive on equal footing if the executive can simply cause a default outcome of any trial against it? This is the meat of the problem with pervasive surveillance. Until this matter is resolved in such a way that makes any surveillance without a warrant be deemed unconsitutional, the idea of 'freedom' is only a ghost in the U.S.