Bush Admits He Ordered Warrantless Eavesdropping on American Citizens

Posted on December 17, 2005

In his weekly radio address today, President Bush admitted that he ordered the National Security Agency (or "No Such Agency" as it is widely known) to spy on American citizens without first obtaining a warrant. Aware of the furor caused by the New York Times' breaking of the story yesterday, Bush had the address videotaped and played on TV today. Using Richard Nixon's famous justification for his actions ("If the President does it, by definition it's not illegal") or the "I'm the Emperor, So Shut Up Defense" (as others prefer to call it), Bush defended his actions and said that he will not stop ordering the warrantless eavesdropping on American citizens.

Bush said his authority to approve what he called a "vital tool in our war against the terrorists" came from his constitutional powers as commander in chief. He said that he has personally signed off on reauthorizations more than 30 times.
"The American people expect me to do everything in my power under our laws and Constitution to protect them and their civil liberties," Bush said. "And that is exactly what I will continue to do, so long as I'm the president of the United States."

But this time the fear tactic isn't working and the legal basis for his issuing such orders appears nonexistent.

James Bamford, author of two books on the NSA, said the program could be problematic because it bypasses a special court set up by the 1978 Foreign Intelligence Surveillance Act to authorize eavesdropping on suspected terrorists.
"I didn't hear him specify any legal right, except his right as president, which in a democracy doesn't make much sense," Bamford said in an interview. "Today, what Bush said is he went around the law, which is a violation of the law � which is illegal."

The response from Republicans and Democrats to the presiden't shocking revelation has been heated, to put it mildly.

I tell you, he's President George Bush, not King George Bush. This is not the system of government we have and that we fought for," Sen. Russell Feingold, D-Wis., told The Associated Press.
Added Sen. Patrick Leahy, D-Vt.: "The Bush administration seems to believe it is above the law."

Here are some other initial responses to the new eavesdropping scandal:

Sen. Arlen Specter (R-Pa.): "There is no doubt that this is inappropriate."

Sen. Dianne Feinstein (D-Calif.), Member of both the Intelligence and Judiciary Committees: [This program is] the most significant thing I have heard in my 12 years [in the Senate]" ...."How can I go out, how can any member of this body go out, and say that under the Patriot Act we protect the rights of American citizens if, in fact, the president is not going to be bound by the law?"

Sen. Ken Salazar (D-Colo.):"If we needed a wake-up call about the need for adequate civil liberties protections to be written into our laws...this is that wake-up call."

Sen. Edward M. Kennedy (D-Mass.): "They are saying, 'Trust us, we are following the law.' Give me a break. Across the country and across the political spectrum, no one is buying it anymore. There is no accountability. There is no oversight.... This is Big Brother run amok."

What makes this all the more bizarre is that under the Patriot Act a special court was set up to approve government warrant requests in terrorism cases. According to The Washington Post, that court routinely approves almost all governent warrant requests almost immediately. There are no delays in getting warrants in cases of national security. So what is the real reason for this secret directive to spy on U.S. citizens without first obtaining a warrant? When that question is answered in the upcoming hearings on the matter promised by Senator Specter, then we'll know what this program was really designed to do and who was targeted.