The litigation at issue, now five years old, tests whether a sitting president may bypass Congress and adopt a warrantless surveillance program, as President Bush did in the wake of the 2001 terror attacks.

“We need to protect information concerning the manner and methods by which we seek to detect and prevent a terrorist attack,” Justice Department special counsel Anthony Coppolino said Wednesday while arguing to a federal judge to dismiss the case on the basis of state secrets.

The 5-year-old case, having a tortured procedural history, is the furthest along in challenging the Bush administration’s warrantless Terror Surveillance Program.

The Obama administration said Wednesday that it would maintain President George W. Bush’s state secrets position when it came to lawsuits leftover from that administration.