The Bush Administration is sure to come under even further attack on the NSA Warrentless spy program in the coming weeks.
First, a former Justice Department lawyer lays into the foundation of Bush's defense (Ex-Justice Lawyer Rips Case for Spying). Most of it is already agreed upon by the legal community (that there is little to no legal backing to his actions), but since it is coming from the Bush Administrations former lawyer who oversaw national security issues for the justice department from 2000 to 2003. David S. Kris, the former Justice Department official, writes "that the Bush administration's contention that Congress had authorized the NSA program by approving the use of force against al-Qaeda was a 'weak justification' unlikely to be supported by the courts." In his paper, he attacks the president assertion that the resolution to fight on war on terror gave him the authority to subvert the law. While none of us in the legal community are fully knowledgeable about the program, I have not talked to a single lawyer (liberal or conservative) who sees any justification legally for the program. Unfortunately, Senate Republicans have blocked any further investigation into the alleged breach of the constitution.
Second, Bush is sure to come under more fire due to the FBI releasing their report today on the infractions committed by their own agency (FBI Cites More Than 100 Possible Eavesdropping Violations). The FBI reported over 100 possible violations to an oversight board, including situations where agents taped wrong calls, searched beyond their authority, and continued tapping calls long after the warrant had expired. And this is all done by a program that does have oversight. One can only imagine the laxity of a program that has absolutely no oversight at all.