Catch-22

In follow up to my previous post on the issue, President Bush held a news conference yesterday and the following are transcript excerpts on the constitutionality of his domestic spying efforts (emphasis mine):

And so we're going to do what is necessary, within the Constitution and within the law, and at the same time guaranteeing people's civil liberties, to protect the people. And that's how I look at this debate. Now, there's all kinds of people taking a step back and saying well, this is this, this is that. And I recognize throughout history, people -- there have been a debate about legislative power and executive power. Part of the questions asked here today kind of reflect that debate. I'm going to leave that to the lawyers.

Apparently the President views the very serious constitutional debate over this issue as a question of "This is this, this is that." And as for how he intends to resolve the issue, "I'm going to leave that to the lawyers."

Question by a reporter:

Mr. President... the FISA law was implemented in 1978 in part because of revelations that the National Security Agency was spying domestically. What is wrong with that law if you feel you have to circumvent it and, as you just admitted, expand presidential power?

The President:

May I -- if I might, you said that I have to circumvent it. There -- wait a minute. That's a -- there's something -- it's like saying, you know, you're breaking the law. I'm not. See, that's what you've got to understand. I am upholding my duty, and at the same time, doing so under the law and with the Constitution behind me. That's just very important for you to understand.

Secondly, the FISA law was written in 1978. We're having this discussion in 2006. It's a different world. And FISA is still an important tool. It's an important tool. And we still use that tool. But also -- and we -- look -- I said, look, is it possible to conduct this program under the old law? And people said, it doesn't work in order to be able to do the job we expect us to do.

And so that's why I made the decision I made. And you know, "circumventing" is a loaded word, and I refuse to accept it, because I believe what I'm doing is legally right.

Bob?

This is the closest anyone has come to directly challenging President Bush to come up with an explanation for why FISA is insufficient, and the closest he has come to addressing it personally. His answer demonstrates a profound ignorance of the issue at an intellectual or philosophical level. I doubt he is capable of carrying on a conversation about the issue even in private. He simply has no idea why what he did was wrong. The American people should be terrified of having such a man in the White House. And Republicans who support him should be ashamed.