Warrantless wiretapping: shredding the constitution.

President Bush defended his use of warrantless wiretaps in the global "war on terror" at a December 19 White House press conference. "As President and Commander-in-Chief, I have the constitutional responsibility and the constitutional authority to protect our country," he said. "Article II of the Constitution gives me that responsibility and the authority necessary to fulfill it. And after September the 11th, the United States Congress also granted me additional authority to use military force against al Qaeda."

The president was asked by reporters why he had not sought court orders for wiretaps from the special courts set up for that purpose under the Foreign Intelligence Surveillance Act (FISA) and about charges by members of Congress that he had "broken the law" by authorizing the eavesdropping on American citizens.

"I swore to uphold the laws," President Bush responded. "Do I have the legal authority to do this? And the answer is, absolutely. As I mentioned in my remarks, the legal authority is derived from the Constitution, as well as the authorization of force [in the war on terror] by the United States Congress."

In contrast to Bush's claims, the U.S. Constitution (Fourth Amendment of the Bill of Rights) states: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." Also, obtaining a court order for wiretapping does not appear to be excessively difficult. The FISA courts, reportedly, have OK'd more than 19,000 eavesdropping requests since 1979 and have denied only five requests.