Despite the joyful refrain of "innocent until proven guilty," the government usually has the upper hand in a legal battle.
Need proof? Look no further than yesterday's Supreme Court decision in the FISA wiretapping case. Amnesty International, along with several other plaintiffs, challenged a federal law permitting the government to use electronic surveillance to monitor the international communications of people suspected of having ties to terrorist groups. The majority agreed with the government that the plaintiffs lacked standing because they couldn't show that they suffered an injury.
The catch? The only way a plaintiff can show injury is for the government to admit that it was spying on that person. The government holds all the cards.