August 16, 2007 (LPAC)--Three appellate judges hearing appeals on a pair of cases revolving around Dick Cheney's domestic NSA spying program, appeared deeply skeptical of the Administration's claim that it doesn't have to tell anybody anything, that nothing can be disclosed about the program without jeopardizing "state secrets," and therefore no court proceedings can be permitted.

"Is it the government's position that when the country is engaged in a war, that the power of the Executive when it comes to wiretapping is unchecked?" asked 83-year-old Judge Harry Pregerson. "The king can do no wrong, is that what it comes down to?"

Deputy Solicitor General Gregory G. Garre, had told the court that judges must give Executive branch determinations "utmost deference."

At one point, according to the Washington Post, when the DOJ lawyer said that courts are not the right place to hear complaints about government surveillance, and that "other avenues" are available, Judge Pregerson shot back: "What is that? Impeachment?"

Another judge characterized the government's position as: "We don't do it, trust us, and you can't ask about it."

Accorrding to various press accounts, all three judges on the panel indicated that they are inclined to let at least one of the cases -- charging that AT&T gave the NSA access to tap into its entire communications flow -- proceed, at least on a limited basis, before the District Court.