You're not protecting American citizens and there's so much of the part outside the US that you should not expect privacy.
But I could see the ACLU, Democrat and anti-American "peace protesters" making the arguement that if the screams of an American Soldier being tortured to death could be heard in the background, they would demand that the monitoring be immediately stopped and a warrant obtained so that Bush couldn't violate that Soldier's constitutional rights.
He volunteered to be water boarded. They are going to show it on BBC News (News Night Comcast 114 BBC))tonight I believe at 6PM (EST)