The Lawbreaker in the Oval Office
By Bob Herbert
The country has set the bar so low for the performance of George W. Bush as president that it is effectively on the ground.
No one expects very much from Mr. Bush. He's currently breaking the law by spying on Americans in America without getting warrants, but for a lot of people that's just George being George. Forget the complexities of the Foreign Intelligence Surveillance Act, or even the Fourth Amendment's safeguards against unwarranted (pun intended) government intrusion into matters that we have a right to keep private.
On his frequent trips home to his ranch in Texas, the president likes to ride his bicycle. He's not studying the Constitution.
"People are changing phone numbers and phone calls, and they're moving quick," said Mr. Bush, as he defended his authorization of warrantless eavesdropping by the National Security Agency on phone calls and e-mail into and out of the U.S.
As the president put it, "If somebody from Al Qaeda is calling you, we'd like to know why."
Well, that's true, Mr. President. But Congress and the Constitution have spoken as clearly as a bright sun on a cloudless afternoon about these matters: if you're going to eavesdrop on Americans in the U.S., you'd better run out and get a warrant.
You have to act fast? O.K., do what you have to do - but you then have to apply for a warrant within 72 hours. If, after three days, you can't explain to a court - a secret court, at that - why you need to be spying on somebody, then you need to stop that spying.
It has become fashionable to say that this controversy is about the always difficult problem of balancing civil liberties and national security. But I think the issue is starker than that. The real issue is President Bush's apparent belief - stoked at every opportunity by that zealot of zealots, Dick Cheney - that he can do just about anything he wants (mistreat prisoners, lock people up forever without filing charges), and justify it in the name of fighting terror.
"There's an enemy out there," said Mr. Bush.
That's also true. But this is not China or the old Soviet Union. . . .
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