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All kidding aside, this is just another example of what those currently in power are doing to try and justify their illegal actions. Assuming the attorney general really meant that Washington had authorized non-electronic surveillance such as mail intercepts, he has two fundamental flaws in his logic.
1) It was not illegal then. FISA had not been estableshed yet. This argument ignores the fact that it is illegal NOW and the president broke the law in the PRESENT.
2) Even if it was illegal then, that is no excuse for the current president to break the law. I cannot murder someone just because someone else once murdered someone. And if I try to tell the judge "well gee Charlie Manson murdered someone so you should let me off because he did it too" he will laugh me out of the court room before throwing me in jail. Or possibly the nuthouse for thinking such an argument is valid.
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