From the very beginning of the NSA scandal, this has been the point -- the principal, overarching, never-answered point. There is no reason for the Bush administration to eavesdrop in secret, with no judicial oversight, and in violation of the law precisely because the legal framework that has been in place for the last 28 years empowers the government to eavesdrop aggressively on all of the terrorists they want, with ease.
This fact, yet again, demonstrates the sheer dishonesty motivating those right-wing pundits claiming that "Democrats" oppose the type of eavesdropping used to stop this plot. Legal eavesdropping, within the FISA framework, is exactly the eavesdropping which Bush critics advocate, and it was precisely that legal eavesdropping which was used to engage in surveillance of suspected terrorists here.
Additionally, The Wall St. Journal is simply incoherent when it says that "Other Democrats are still saying they will censure, or even impeach, Mr. Bush over the FISA program if they win control of Congress." This claim just makes no sense. Nobody opposes "the FISA program." Bush critics want aggressive eavesdropping within the "FISA program." The censure of the President has been proposed because of the President's eavesdropping outside of the FISA program -- i.e., outside of the law. Does The Wall St. Journal Editorial Board really not understand that most basic point? Why are they falsely telling their readers that Democrats oppose "the FISA program" -- as though Democrats oppose eavesdropping itself?
Read everything Mr. Greenwald posts.
Read his book How Would a Patriot Act?
With guys like him on our side we can be heroes.