A federal district court judge refused a motion by the U.S. government to stop a lawsuit against AT&T for its alleged cooperation with the controversial domestic surveillance program run by the National Security Agency.

In a court order issued Thursday, U.S. District Court Judge Vaughn Walker denied the petitions of both the U.S. government and AT&T to dismiss the case. The case centers around a civil lawsuit brought by the Electronic Frontier Foundation claiming that AT&T illegally cooperated with the National Security Agency to tap American citizens' phone calls. The telecommunications giant asked the court for the Northern District of California to dismiss the case because the EFF could not prove that it had not gotten a written order from the government asking to cooperate with the surveillance. The U.S. government exercised the State Secrets privilege, a rule of common law ensconced in modern precedent that prevents the courts from delving into any investigation that could disclose information kept secret for national security.

The judge reasoned that, because President Bush has already confirmed the existence of the program, that dismissing the case at the outset is unwarranted.

"It is important to note that even the state secrets privilege has its limits," Judge Walker wrote in the order. "While the court recognizes and respects the executive's constitutional duty to protect the nation from threats, the court also takes seriously its constitutional duty to adjudicate the disputes that come before it."

The order may only be a temporary reprieve from dismissal for the case. Throughout the order, the judge qualifies his decision, limiting it to "only this stage" of the proceedings.