Listening to talk radio ( Laura Ingraham ) tonight, the subject was Democrats (and perhaps Republicans) who are complaining about Bush's "authorization" of the NSA to do electronic surveillance without warrants. She actually argued, explicitly, that those complaining want to make any Americans who are communicating with overseas terrorists immune from wiretaps. She mocked an imaginary President Kerry saying "let's not eavesdrop on these folks until we finish this FISA [Foriegn Intelligence Surveillance Act] application".
Absolutely unbelievable! No one is complaining about the surveillance of Americans. No one. They are complaining about this administration ordering surveillance of Americans without a warrant. Which word of that sentence doesn't she understand? I suppose the ugly answer is that she knows perfectly well that is what the issue is, but is deliberately playing it for shock value.
This is made all the more painful by the fact that the Foriegn Intelligence Surveillance Act set up special secret courts to grant warrants, that these courts have denied 4 requests out of thousands since 1978, and that the act allows retroactive applications for warrants after the fact. The idea of the NSA or FBI being hampered in any way by complying with the law in these cases is simply absurd. The only reason the administration could possibly have for bypassing the legal process is that 1) they are surveilling US citizens in ways that the FISA courts would reject, or 2) they reject, on principle, the very idea of legal limits to executive authority. Either reason is frightening.
What's worse is that there are some "conservatives" who actually seem eager to throw away their own constitutional protections. (I use quotes because that isn't a very conservative position.) And for what? Security? What legitimate security reason would there be for bypassing the FISA courts? Any useful security purposes are fully served by the legal system. It is bad enough to throw away liberty for genuine security, but to throw away liberties for no more security than you can get with the liberties is just weird.
Which brings me to my final, rhetorical question, for which I don't even have a guess (and I think I usually understand conservative motivations pretty well). Why are some conservatives enamored with the idea of utterly unchecked executive power? Such a notion seems to run counter to most strains of even conservative thinking in this country. Why do there seem to be so many genial, clean-living lawyers in nice suits who spend entire careers crafting legal arguments for an imperial presidency (e.g. John Yoo, Alberto Gonzales, etc.) when the very existence of the United States resulted from a rejection of the English monarchy?