The ACLU says that the 3 1/2 -page document contains no information that should be classified and that the memo is only "mildly embarrassing" to the government. Some legal scholars said the case bears similarities to events in the "Pentagon Papers" case more than three decades ago.
The subpoena issued in the Southern District of New York provides the latest example of the Justice Department's aggressive use of the anti-spying law, a broadly worded and little-used statute that has become the bedrock in a series of leak-related investigations by the Bush administration.
In a motion filed in federal court, the ACLU called the subpoena an "unprecedented abuse" of the government's grand-jury powers that violates the First Amendment and is aimed at suppressing information rather than investigating a crime.
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Cross-posted as Bring it On!