Forget the 4th Amendment

The law does not permit warrantless surveillance searches without probable cause. The Supreme Court has held that police frisks and other more limited forms of searches could be held to a "reasonable suspicion" standard. But as to the pervasive, highly intrusive search that occurs when the government wiretaps or intercepts the communications of its citizens, a probable cause standard is constitutionally required.For anyone having to go up against the forces of right wing talking points and just general media misinformation, it's a must read.
But there's significance to Bush's action that goes beyond the president's ability to conduct searches, or the limits of wartime power. It's just as import to look at how the Bush administration has conducted themselves in this affair as the specifics of what they've done.
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GO TO THE LIGHT!

Folks at the White House stay pretty busy these days just trying to untangle the lies George Bush keeps telling every time he opens his mouth. For example, back in April 2004, Bush explained to a cheering audience and an unchallenging press corps in Buffalo about "eavesdropping" on Americans -- "When you think 'Patriot Act,' constitutional guarantees are in place when it comes to doing what is necessary to protect our homeland, because," he said earnestly while leaning over the podium, his hand on his heart "--because we value the Constitution."
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Another bullshit defense of Bush's spying activity and an attack on concerned citizens

[T]he only thing outrageous about this policy is the outrage itself.[...]
The president has the constitutional authority to acquire FOREIGN INTELLIGENCE [caps and italics added] without a warrant or any other type of judicial blessing.
[...]
The attempt, by Democrats and Republicans alike, to dismantle the president's core constitutional power in wartime is wrongheaded and should be vigorously resisted by the administration.
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Coulter's Latest Bit of Drek Hits New Lows

...I have difficulty ginning up much interest in [Bush's criminal activities] inasmuch as I think the government should be spying on all Arabs, engaging in torture as a televised spectator sport, dropping daisy cutters wantonly throughout the Middle East...Someone needs to tell Coulter that Israel is in the Middle East... unless she wants Israel hit by daisy cutters, in which case we can add anti-Semitism to her ever-growing list of abhorrent character flaws.There are no Japanese internment camps today. (Although the no-limit blackjack section at Caesar's Palace on a Saturday night comes pretty close.)
All in all, business as usual for the immoral, intellectually bankrupt, treasonous elitist. Let's hope the next pie that hits her in the face contains anthrax.
Another Day, Another Lie: NSA Spying was everywhere

Now it seems that the real scope of the spying was much larger than was admitted when Bush fessed up a week ago.
The NSA, with help from American telecommunications companies, obtained access to streams of domestic and international communications, said the Times in the report late Friday, citing unidentified current and former government officials.
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Why Spy? What's behind Bush's actions?

For those on the far right, the real danger is those traitors at the New York Times and the leakers who actually revealed what our glorious leader was up to, or something like that. Bush is leading the chorus.
"My personal opinion is it was a shameful act, for someone to disclose this very important program in time of war," the president said. "The fact that we're discussing this program is helping the enemy."
Is it? Is it helping "the enemy," Mr. President? Because, you know, the enemy already knew that the NSA could monitor overseas calls. Heck, that's part of the agency's charter. So what, exactly, is it that the reports have revealed?
Why, Mr. President, did you break the law?
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How Spying Plays Into Overall Bush/Rove Strategy

Many would argue that spying on Americans is a necessary evil when faced with threats of terrorism. However, when we dissect that theory, it becomes terrifyingly evident that we are cutting off our own nose to spite the face. By removing the Constitutional rights we enjoy, including our right to privacy, we are essentially unraveling the fabric of our nation and everything that it stands for.
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