I regularly discuss with rightie the issues of the day. Here's their reasons that they believe justify AWOlbush's actions.. Debunk at will..
No problem. I'll start with the editorial(
http://www.chicagotribune.com/news/opinion/chi-0512210142dec21,0,3553632.story?coll=chi-newsopinioncommentary-hed)
written by a Clinton administration assistant attorney general:
In the Supreme Court's 1972 Keith decision holding that the president does not have inherent authority to order wiretapping without warrants to combat domestic threats, the court said explicitly that it was not questioning the president's authority to take such action in response to threats from abroad.
That establishes legality. Now to deal with the other president's use of this authority. It has been documented that Carter, Reagan, and Clinton all did the same thing. I can't anything on Bush senior, but I would presume he followed suit as well. He continues:
Every president since FISA's passage has asserted that he retained inherent power to go beyond the act's terms. Under President Clinton, deputy Atty. Gen. Jamie Gorelick testified that "the Department of Justice believes, and the case law supports, that the president has inherent authority to conduct warrantless physical searches for foreign intelligence purposes."
Now let's work in reverse. Here is a copy of the executive order that Clinton signed (emphasis mine):
Pursuant to section 302(a)(1) of the Act, the Attorney General is authorized to approve physical searches, without a court order, to acquire foreign intelligence information for periods of up to one year, if the Attorney General makes the certifications required by that section.
Reagan issued this executive order, which said essentially the same thing as Clinton's. Carter issued a similar order in 1979.