No wonder judges are resigning:
Experts cautioned that future legal prosecutions could be tainted if evidence was uncovered about a terror plot using a wiretap determined to be improper.The key to Bush's legal defence, of course, is that "9/11 changed everything" and now the USA is at "war". For a start, that's no excuse for breaking the law (and it didn't work for Nixon). But in any case, as Kevin Drum says, it's time we had a proper debate on this assumption:
"Imagine if there is evidence critical to a criminal prosecution and the defendant challenges the evidence because it is constitutionally suspect," said Beryl Howell, former general counsel for the Senate Judiciary Committee. "It could jeopardize any criminal case."
What is "wartime"? Is George Bush really a "wartime president," as he's so fond of calling himself? Conservatives take it for granted that he is, while liberals tend to avoid the subject entirely for fear of being thought unserious about the War on Terror. But it's something that ought be brought up and discussed openly...