There's no excuse for domestic spying (Mercury News Editorial)

There's no excuse for domestic spying
EXISTING LAW AND SECRET COURT GIVE BUSH AMPLE FLEXIBILITY TO ADDRESS TERROR THREATS
Mercury News Editorial

If there was a valid reason for President Bush to authorize government spying on American citizens without court oversight, the administration has yet to articulate it. The claim that it was necessary to save American lives -- a favorite of Bush to justify all sorts of dubious practices -- just won't cut it.

Three decades ago, Congress passed the Foreign Intelligence Surveillance Act, or FISA, which created a special secret court that acts very quickly when the government requests a wiretap in the name of national security. If very quickly is not quick enough -- say, when the government suspects a telephone conversation may reveal an imminent terrorist plot -- the government can initiate a wiretap and seek later approval by the same court.

In light of such flexibility, the statement by President Bush that he had to choose between following the law and keeping Americans safe from terrorists rings hollow. It won't satisfy the American people. And clearly it won't satisfy the FISA court, which has requested a briefing from the administration on why it allowed the National Security Agency to eavesdrop on Americans without its oversight. One of the FISA judges, upset over this abuse of presidential power, has already resigned from the court.

http://www.mercurynews.com/mld/mercurynews/news/opinion/13506580.htm