Coppolino said that the plaintiffs' beliefs that they are among the likely targets are insufficient to establish that they have been directly affected by the program.Of course they aren't sure. You won't say who's targetted and who isn't. By that logic, conveniently, no one has grounds to challenge the program because no one can be sure they're on the list.
"You don't get standing by saying the president has a program, and I'm concerned it might cover me," he told the judge.
Creative lawyering is bad enough when it's being used to, oh, say, get O.J. off the hook for killing Nicole. But it's really disturbing when it's used by the government to pass of its activities as legal.