[icwhatudo]

1. The president has the right
2. His actions do violate FISA

These are two separate issues. I agree with Bush.

[mnehring]

2. His actions do violate FISA

Actually, his actions don't violate FISA. The aforementioned executive order amends FISA and gives the President and Attorney General the power to approve physical searches, without a court order, to acquire foreign intelligence information...

The problem is many are reading only the original text of FISA and not the amendments to it.

[smoothsailing]

I agree with President Bush as well. I believe his inherent powers as CIC trump the court. I'm not a lawyer, that's just the way I read the constitution.

[HawaiianGecko]

 

1. The president has the right
2. His actions do violate FISA

You've nailed it perfectly. He did violate FISA, however, FISA violates the constitution. Congress just can't run around and willy-nilly change the constitution.

They claim that they wrote this law specifically to thwart the power of the executive and that simply is unconstitutional.

Congress has this silly tendency to think that every time they pass a law they have amended the constitution. I'm ready for this debate when these clowns come back to Washington.