Feds argue against warrantless GPS lawsuit

WASHINGTON — The Justice Department is asking a judge to throw out a lawsuit against Attorney General Eric Holder and FBI Director Robert Mueller over a GPS tracking device put on a student's car without a warrant.

A 20-year-old Egyptian-American, Yasir Afifi of San Jose, Calif., sued the officials in March, saying he's never done anything to attract law enforcement attention. A mechanic found the device under his car.

FBI officials acknowledge they secretly installed the device, but court documents filed Tuesday blacked out why. The FBI also argues it shouldn't have to destroy its records of the surveillance, as Afifi's lawsuit demands.

The Justice Department says Afifi doesn't have grounds to sue because he isn't facing any harm and that Holder and Mueller are immune from such lawsuits.