Since I'm not a Constitutional lawyer, or a regular lawyer, or even someone who knows a lot about the law, I don't have much to say about whether Bush is right or wrong on the NSA spygate thing. I'd be a lot more uncomfortable with it if certain entities weren't still trying to annihilate us. Have we forgotten again?
Anyway, of course Bush should work within the Constitution at all times. There is one possible exception--if as Commander-in-Chief he sees a dire threat to the very existence of the republic, a sensitive threat that might only be avoided with his specific action. Both Lincoln and FDR took matters into their own hands and tiptoed around our sacred document, and the republic survived intact.
Bush was unusually terse in his Saturday radio address. You could see it, hear it and feel it. He hates leaks, but this one has really set him off. Clearly someone from either his administration, the NSA or Congress dumped the story in Risen's lap.
Therefore, waving the speculation wand one might immediately assume a democrat Congressional source spilled the beans. The evidence is upfront, since democrat Congresspeople were aware of the program and the story was timed to coincide with two very important votes-- one in Iraq and another in the US Senate to reauthorize the Patriot Act. Both are considered Bush 'crucials'.
One thing doesn't add up, though--the leak was over a year old. That seems to move the implication arrow to the Gray Lady (unless it was a coordinated attack?). Don't forget Risen will soon be shilling a book, so the Times has to keep up with the Joneses on that front, or in this case the Woodwards.
Speaking of the New York Times, it's ironic that during the whole Fitzgerald/Plame leak affair the paper of record was sitting on yet another leak story, one with much more impact on national security. Judith Miller went to jail to protect her sources in the Plame leak, wonder if Risen will do likewise, since by all appearances the White House is loaded for bear on this.
But I've gone clear around the world to get down the block here, so let me cut towards the chase. Could there be any other reason Bush was so upset with the Times and the leakers? Something that goes beyond partisan mudslinging and feigned Congressional indignance and is actually something deadly serious?
Perhaps Bush knew exactly who he was targeting, and used the NSA because he didn't want to take chances with FISA courts or the possibility of publicity...targeted individuals who were American citizens, naturalized or otherwise, that we knew had connections to overseas terror bosses. People waiting by the phone for the word "go!".
Say, did they ever catch that Anthrax killer?
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