[Truth-The Anti Spin]

The President doesn't make the laws, and he doesn't decide which he likes and dislikes. Does the phrase "he shall take Care that the Laws be faithfully executed" ring a bell?

This is the bottom line right here. There's a law in place, FISA, that dictates how the government handles domestic eavesdropping. This law is actually pretty lenient, allowing ex-post-facto warrants. Furthermore, the FISA court has approved over 99% of the warrants brought to it.

The ONLY possible excuse for the president exceeding his authority would be in a time of extreme crisis, such as an actual pending attack or or an invasion of the US.

This is not the case. The administration has had years and years to go to congress and get the law changed. Any wiretapping done outside the framework of FISA is de facto extralegal.

The administration needs to comply with the law, or get the law changed. It's that simple.

[sinkspur]

Furthermore, the FISA court has approved over 99% of the warrants brought to it.

Except that it has turned down a disproportionate number of those referred to it by the Bush administration.

The administration has had years and years to go to congress and get the law changed. Any wiretapping done outside the framework of FISA is de facto extralegal.

That is not true, and there is a plethora of legal opinion stating such. There are even official judicial opinions stating such.

Where FISA can be used, it should be. In no case should a FISA refusal or lack of one be an excuse for ignoring possible terrorist chatter. We simply cannot afford it.

[Miss Marple]

How do you know that there hasn't been an impending attack, which the NSA program has stopped?

[Fjord]

Great post.

[Peach]

Did you mind that Clinton's Eschelon program spied on Americans? Without benefit of a warrant and not during wartime.