The Obama administration's assertion of the phony "state secrets" privilege strikes at the heart of the Constitution and justice system. Eisenberg is right in that if courts cannot get at the facts, they cannot decide justly. And if the executive branch can cover up crimes against the Constitution (as warrantless wiretaps are) by keeping all of the facts secret, then the court system itself becomes corrupted and irrelevant.
(Source: "Bush III: Obama on Torture & Wiretapping," by Thomas R. Eddlem. The New American Magazine. February 15, 2009.