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details of the program sealed under the so-called state secrets privilege. michael isikoff is a senior investigative reporter with newsweek and also a contributor to msnbc. thanks for joining us. good to be with you. so where does the obama administration or what do they hope will happen next here? well, the ball is in their court. they have to decide, the obama justice department has to decide whether to appeal this ruling. this ruling was a rejection explicitly of the bush administration s original warrantless wiretapping program, the program that was so secret nobody in the government outside of a handful of lawyers even knew about it until the new york times disclosed its existence in december, 2005. but it was also a rejection of the state secrets privilege, which was originally asserted by the bush administration and reasserted by the obama administration in this case. by state secrets we mean that s a doctrine by which the government comes in and says

President obamaUnited statesState secrets privilegeMichael isikoffJustice departmentOriginal warrantless wiretapping programNew york timesDecember 2005State secrets