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If Bill Clinton had decared 'war' on islamic terrorists when he had the opportunity and a complete basis per the USS Cole attack, then maybe the analysis of the "rights" of foreign terrorists would have tipped in favor of actually PROTECTING the US citizens, rather than (as Turley asserts) the flimsy claim to 4th amendment protection that inures to an illegal alien (he had overstayed his visa, BTW).

Let me add to my previous comment. The "penalty" that the govt pays for a later-declared-improper search warrant is that the evidence discovered during the search is inadmissable in a later prosecution. But this should not have been viewed by the FBI as about 'prosecutions', it is war -- and counter-terrorism isn't police work, it's war that begins with intelligence gathering. The FBI had a duty to get the available intelligence and protect american citizens -- and they already had a basis for deporting him and thereby holding him in detention.