The issue focused on one law enforcement official, federal prosecutor Michael Kortan, who was looking at government laws and regulations in court.

'In this particular case, the judge had to look at it from a legal perspective,' Lawton said. 'This is not about political views. This is about whether or not we have the right to know what our government is doing.'

Kortan's attorney has asked that he be allowed to appear for an opening statement. The trial is expected to last