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Ten days ago, I began a quest for information to flesh out a possible connection between the class action lawsuit Hepting v. AT&T and the Protect America Act. Tonight, listening to the transcript of yesterday’s hearing in the Hepting case, I got a good part of my answer.

Yes, the Bush Administration acknowledges that there is a link between the Protect America Act and Hepting v. AT&T

Judge Harry Pregerson: “This Protect America Act of 2007 - what effect does that all have on this case?”

The Bush Administration’s Deputy Solicitor General Gregory Garre: “Well, your honor, the clients have brought a FISA case, so ultimately, in the litigation of that claim, the court would have to view the recent amendments, particularly with respect to any protective relief, but fundamentally, we don’t think that any of any of their claims can be litigated without getting into matters protected by the state secrets.”

Garre was careful throughout his questioning to avoid giving a simple yes or no answer to any question, even when he was directly request to do so by a judge. However, this answer is about as close to a simple yes as he came: Yes, the Protect America Act has a lot to do with the Hepting v AT&T case.

Garre is saying that the Bush Administration contends that it has the right to declare the subject matter of Hepting v. AT&T to be a state secret, and therefore has the power to stop the lawsuit no questions act. However, Garre says, even if the Hepting v. AT&T case were to go forward, the Protect America Act would require the case to be judged against the plaintiffs, and the existence of the AT&T NSA Total Information Awareness Internet and phone spying operation would remain secret.

We now have it straight from a Bush Administration lawyer: The Protect America Act works as a barrier to the revelation of secret government programs to spy on the Internet activities of American citizens.