AdministrationLays Out Legal Case for Wiretapping Program - New York Times
WASHINGTON, Jan. 19 - The Bush administration today offered its fullest defense of the National Security Agency's domestic eavesdropping program, saying that congressional authorization to defeat Al Qaeda after the Sept. 11 attacks 'places the president at the zenith of his powers in authorizing the N.S.A. activities.'
In a 42-page white paper, the Justice Department expanded on its past arguments in laying out the legal rationale for why the N.S.A. program does not violate federal wiretap law and why the president is the nation's "sole organ" for foreign affairs.
But the Bush administration appears undeterred by the criticism. In its white paper, it turned time and again to the congressional authorization of Sept. 14, 2001, even though the Congressional Research Service study was particularly skeptical of this line of defense.
Bottom line, they have no defense other than to say: of course, it's legal. What buffoons.