Seriously

This cannot be said enough. There is no reason that Bush didn't get warrants from the FISA courts for the wire taps. No reason. No national security reason or anything, because the FISA allows immediate warrants. Ezra Klein says it better:

"In the interest of fairness, Bush's delivery and body language was much better at this morning's press conference than last night's speech. He also lied a lot. I keep repeating this, but only because it deserves repetition. First, read this exchange:

Q Thank you, Mr. President. Getting back to the domestic spying issue for a moment. According to FISA's own records, it's received nearly 19,000 requests for wiretaps or search warrants since 1979, rejected just five of them. It also operates in secret, so security shouldn't be a concern, and it can be applied retroactively. Given such a powerful tool of law enforcement is at your disposal, sir, why did you see fit to sidetrack that process?

THE PRESIDENT: We used the process to monitor. But also, this is a different -- a different era, a different war, Stretch. So what we're -- people are changing phone numbers and phone calls, and they're moving quick. And we've got to be able to detect and prevent. I keep saying that, but this is a -- it requires quick action.

And without revealing the operating details of our program, I just want to assure the American people that, one, I've got the authority to do this; two, it is a necessary part of my job to protect you; and, three, we're guarding your civil liberties. And we're guarding the civil liberties by monitoring the program on a regular basis, by having the folks at NSA, the legal team, as well as the inspector general, monitor the program, and we're briefing Congress. This is a part of our effort to protect the American people. The American people expect us to protect them and protect their civil liberties. I'm going to do that. That's my job, and I'm going to continue doing my job.

So Bush's only justification for his program is speed. Fine. Which is why this can't be said enough: FISA allows for immediate wiretapping without the consent of a judge. All you need to do is, three days later, go get a warrant.

Let's put this another way. Say Bush gets word of a potential hostile element. And let's assume he's got a time machine. Under FISA, he can dispatch an aide to get a warrant, then step in his machine, travel 72 hours back in time, order the wiretap, and have broken no laws. Or, let's say you don't like bending space-time. Bush gets word of a suspect, but he's busy. Harried. Frazzled. He's got a state dinner in an hour and some time allotted for the treadmill right now. He hasn't time to dispatch someone to the judge and deal with the case. He can order the tap immediately, take a run, go to dinner, procrastinate for 68 or so more hours, and then send an underling for a warrant.

I want to say this very clearly as it is absolutely the heart of the issue: there is no possible circumstance under which FISA would slow Bush's ability to respond. None. Any emergency can be handled instantaneously, with all oversight conducted retroactively. Add in that the Federal Intelligence Surveillance Courts have denied a total of three applications out of around 20,000 and you get a sense of how deliberately non-invasive this law is. FISA does nothing but ensure Bush doesn't use the NSA improperly. Nothing. Bush is attempting to muddle the issue by suggesting evasion of the FISA allows him more freedom to protect us. That's a lie. All it does is protect him. And the question the press needs to be asking is what it protects him from."

So why did the President not get the warrant, it would have been easy? What is it about these wire taps that made him think that even a secret court that almost never (5 out of more than 19,000) denies warrant applications would deny these warrants? Is it because these warrants would have been illegal even under the permissive (absurdly permissive) standards of the Foreign Intelligence Surveillance Act? Ezra asks what this protected the President from, since clearly the standard of protecting our constitutional rights would have been satisfied by an application to the secret court. The only answer I can come up with is "the law" this protected the President from abiding by a law that might have constrained absolute executive power over all other branches of gevernment. This is more fucked up than I think people realize.