I think the NYT story on the President authorizing the NSA to listen to phone-calls originating in the US to foreign numbers may finally be the scandal the Democrats have been looking for. I’ve yet to see anyone come to the Administration’s legal defense on this one. FISA already covered much of what Bush’s authorization covered. The NSA never wanted to be in the domestic surveillance business.

It will be interesting to see how the Dems and the Administration play this one out.

I also wonder about the timing of the release of this story, the Iraqi elections, and the Senate putting the kabosh on the Patriot Act renewal.

Good quote:

On what basis can the President ignore a statute [FISA] specifically regulating executive power? I’m not an expert on the intricacies of the executive’s military powers, so perhaps there’s a justification. Thus far, however, the Bush Administration’s “creative” interpretations of its legal authority to engage in surveillance, to detain enemy combatants, and to engage in torture seem to be just as “creative” as Bill Clinton’s interpretation of what “sex” is. (link)