A Justice Department request that a federal judge dismiss the class-action lawsuit filed by Sen. Rand Paul, R-Ky., against the National Security Agency phone records collection program strikes Sen. Ted Cruz, R-Texas, as "highly dubious."

President Obama's attorneys argued that Paul and his co-plaintffs did not offer "sufficient well-pleaded, non-conclusory allegations demonstrating that they have been injured because of the telephony metadata program."

Cruz thought it "curious" that the Justice Department argued that Paul couldn't prove his phone records were collected by the government.

"The factual predicate for DOJ's claim, at least as you've described it, seems to be highly dubious given the repeated public statements of the administration that every American's cell phones' metadata records have been intercepted; and, indeed, the administration has responded to members of Congress by saying 'yes, members of Congress have had their records intercepted just like other citizens,' " Cruz told the Washington Examiner Wednesday afternoon. "So, given their public admissions, that's a curious basis for the department to attempt to litigate the case."

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