Still waiting for a good argument
Like Mark Levin (who pointed this out yesterday at the Corner), I'm still waiting for an actual legal argument against the President's Executive Order instructing the NSA to listen in on suspected terrorist communication's with Americans here in the US. So far I've seen plenty of opinion, articulate and otherwise but little in the way of a legal case.
That being said, 'til somebody comes up with something, Robert F. Turner's piece for the WSJ sums it all up neatly:
Our Constitution is the supreme law, and it cannot be amended by a simple statute like the FISA law. Every modern president and every court of appeals that has considered this issue has upheld the independent power of the president to collect foreign intelligence without a warrant. The Supreme Court may ultimately clarify the competing claims; but until then, the president is right to continue monitoring the communications of our nation's declared enemies, even when they elect to communicate with people within our country.
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