Thursday, January 15, 2009

Wiretapping legal

From Wizbang:

So President Bush's extraordinary efforts to keep us safe were ruled legal after all the hand wringing by the left that Bush is shredding the Constitution. And the ruling has come just in time for Obama to pull back the program anyway in order to appease the hand wringing left. However, considering how the media worship Obama, their stance on this program will probably shift and Obama will be seen as the savior of America should he decide to keep the program going.

A federal intelligence court, in a rare public opinion, is expected to issue a major ruling validating the power of the president and Congress to wiretap international phone calls and intercept e-mail messages without a court order, even when Americans' private communications may be involved.

....

The decision marks the first time since the disclosure of the National Security Agency's warrantless eavesdropping program three years ago that an appellate court has addressed the constitutionality of the federal government's wiretapping powers. In validating the government's wide authority to collect foreign intelligence, it may offer legal credence to the Bush administration's repeated assertions that the president has constitutional authority to act without specific court approval in ordering national security eavesdropping.

This creates a problem for George Stephanopoulos who pushed Obama to appoint a special prosecutor to investigate Bush's warrantless wiretapping.

The people who declared the program unarguably illegal seem not to have known what they were talking about.  But doing the work to learn the other side would have destroyed the lovely narrative that has Bush shredding the Constitution, wouldn't it?

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