Last night at the end of his long post “Ahabs everywhere,” John took a look at the New York Times article by Eric Lichtblau and Adam Liptak purporting to assess the Bush administration’s argument for the legality of the NSA surveillance program. John notes the article’s failure to come to terms with the case law unanimously recognizing the president’s inherent constitutional authority to conduct warrantless domestic surveillance for foreign intelligence purposes, let alone the international surveillance at issue in the NSA program.
John notes that the article acknowledges the 2002 decision of the FISA appellate court stating:
We take for granted that the President does have that authority and, assuming that is so, FISA could not encroach on the President
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