The administration is claiming that they operated under the law and that this policy was justified by constitutional authority yet when asked, are unable to cite what constitutional authority they have to circumvent the 4th Amendment. The constant claims that they are protecting the American People and preventing another terrorist attack have become so commonplace and cliche that these justifications no longer hold any sway over most of the public. They've overplayed that card to the point that it is now comical to hear them use it as a justification for anything. This they have done to themselves by using it as an excuse for any and all actions.
I watched Condoleeza Rice try to tap dance her way out of answering Tim Russert this morning on "Meet the Press." Russert would ask what constitutional authority the President has for eavesdropping without a warrant. Her response was, "He has constitutional authority to do this." Tim Russert would say, "No one has explained where in the constitution this authority comes from." Rice would answer, "Well, he has constitutional authority."
"From where?"
"I'm not a lawyer, Tim."
They are unable to cite constitutional authority because they have none. Instead, they trot out the same, tired excuse.
Their supporters have now painted themselves into a corner with this incident. Having backed this administration through the lies, the threats, the unjust war, the fear mongering, the patriot baiting, and the stripping of civil liberties, they now find themselves in need of supporting a blatant breach of the constitution. They know its unsupportable, but they have no choice. Admitting now that the President has violated his oath of office would force them to re-evaluate their support all along. This is not about to happen, so they find themselves having to support violations of law by this administration to the point absurdity.
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"I can normally tell how intelligent a man is by how stupid he thinks I am" - Cormac McCarthy, All The Pretty Horses
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