Big brother claims the right, under the War Powers clause, to act secretly or overtly contrary to laws that it deems unconstitutionally limit presidential power. By this logic, the president has the right to literally choose which laws he concedes to respect in time of war.
Read this a illegal overreaching by the president.
Administration Paper Defends Spy Program: "The Justice Department's lengthy legal analysis also says that if a 1978 law that requires court warrants for domestic eavesdropping is interpreted as blocking the president's powers to protect the country in a time of war, its constitutionality is doubtful and the president's authority supersedes it."
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