Oregon Public Broadcasting

The United States Justice Department has sent out a signal that it's not letting up a vigorous defense of a Bush-era warrantless wiretapping program. As April Baer reports, an Oregon challenge to the case has been testing the depth of the new administration's commitment.

Civil liberties groups had high hopes that the Obama administration would change course.

Over the years, the legal battle over Al-Haramain Islamic Foundation of Oregon has become the last standing challenge to the Bush-era surveillance program.

Attorneys for the defunct charity have been trying to prove that its officers were illegally wiretapped in 2004.

That same year the Treasury Department branded Al-Haramain a sponsor of terrorism, for its connections with Chechen militants.

The case hasn't even come close to a court hearing yet. The two sides are still sparring over a key classified document, and whether Al-Haramain's attorneys will be allowed to access it.

A filing last Friday seems to indicate that the Justice Department, under Attorney General Eric Holder, won't back down. 

The feds have filed a new emergency motion to dismiss the case, repeating a claim that the document in question is too sensitive to disclose, and should not be viewed by the plaintiffs.

Their brief further argues that the power to grant a security clearance should rest with the executive branch, not with the court.

The motion implies that the Obama administration will continue to defend the alleged surveillance, even as other intelligence policies from the prior administration are under review.

The Justice Department would not comment on the filing. Attorneys for Al-Haramain also declined to speak about the case, saying they'd prefer to wait for a ruling on the motion.

That ruling may come from the 9th Circuit Court of Appeals within the next few weeks.