The U.S. Court of Appeals ruled Wednesday that the National Security Agency can continue eavesdropping on Americans’ overseas telephone calls and e-mail messages pending the outcome of the government’s appeal of a district court decision which had ruled the program illegal.

The Sixth Circuit Court of Appeals granted a stay (PDF) of U.S. District Court Judge Anna Diggs Taylor’s order that the program, which President Bush has called “critical to our national security,” be halted.

Intelligence officials “need this program in addition to the other tools that we have, such as the FISA court, and that if they didn’t have it they wouldn’t be able to do their jobs as effectively as they have been,” White House spokeswoman Dana Perino said. The program collects telephone calls and e-mail messages into and out of the country sent or received by people with “a clear link to . . . terrorist networks,” Bush said in December.

“This program is both critical to preventing terrorist attacks and fully consistent with law. We are pleased to see that it will be allowed to continue while the Court of Appeals examines the trial court’s decision, with which we strongly disagree,” White House spokeswoman Dana Perino said. . . .

The ACLU filed the suit in March on behalf of scholars, attorneys and journalists who regularly communicate with people in the Middle East.

“A stay in this type of case is not uncommon. We’re focused on the appeal of the case itself,” said Paul Silva of the American Civil Liberties Union. — Reuters

The three-paragraph ruling said that the motion to stay was considered by balancing factors such as whether the government would be likely to win the case on its merits, whether anyone would be injured by issuing or not issuing the stay, and where the public interest lies. It did not, however, elaborate on how the court reached its decision.

A decision on the appeal is expected by year’s end, Silva told Reuters.

Electronic Frontier Foundation staff attorney Kurt Opsahl called the decision “disappointing,” but noted that “this case will still be heard on appeal by the Sixth Circuit.” The EFF is not a party to the lawsuit, but has filed a separate lawsuit against AT&T for its alleged role in the terrorist surveillance program. Its lawsuit has been consolidated with over a dozen other lawsuits and the government is currently appealing a motion to dismiss which the court denied.