We can file this aggressive motion because we have proof that the spying program is illegal. The bottom line is the defendants have incriminated themselves -- President Bush admitted that he authorized and oversaw an illegal and unconstitutional program.

You have to be alarmed at the idea that the government can come in and say, 'I want you to give me your statistical data.' This could be the first step on the way for asking for the content of the e-mails.