So reports Patterico.

In this opinion just released this morning, three Judges of the Ninth Circuit, including one of the most liberal anti-government judges in the Country, Harry Pregerson, sided with the Administration on its asserting of the “State Secrets” privilege in a lawsuit brought by Islamic groups and others against both the government…

In this case the Court held that the government had properly invoked the State Secrets privilege with respect to document(s) and information which the plaintiffs would need to proceed – such as confirmation that the plaintiffs had been the target of the Terrorist Surveillance Program and the details of how the program operated…

Hard to find a place in there anywhere for a “Bush/Cheney are worse than Hitler” jibe.

I’m sure they’ll find a way, though. Via Hot Air Headlines.