Illegal, and Pointless

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http://www.nytimes.com/2009/07/17/opinion/17fri1.html?ref=opinion

We’ve known for years that the Bush administration ignored and broke the law repeatedly in the name of national security. It is now clear that many of those programs could have been conducted just as easily within the law — perhaps more effectively and certainly with far less damage to the justice system and to Americans’ faith in their government.

That is the inescapable conclusion from a devastating report by the inspectors general of the intelligence and law-enforcement community on President George W. Bush’s warrantless wiretapping program. The report shows that the longstanding requirement that the government obtain a warrant was not hindering efforts to gather intelligence on terrorists after the 9/11 attacks. In fact, the argument that the law was an impediment was concocted by White House and Justice Department lawyers after Mr. Bush authorized spying on Americans’ international communications.

We know less, so far, about the Bush administration’s plan to send covert paramilitary teams to assassinate Al Qaeda leaders. But what is overwhelmingly clear is that there was no legal or rational justification for Vice President Dick Cheney’s order to conceal the program from Congress. The plan was never put into effect, apparently because it was unworkable. But it’s hard to imagine Congress balking at killing terrorists.

So why break the law, again and again? Two things seem disturbingly clear. First, President Bush and his top aides panicked after the Sept. 11 attacks. And second, Mr. Cheney and his ideologues, who had long chafed at any legal constraints on executive power, preyed on that panic to advance their agenda.