The Issues Explained:
Security and surveillance

President Bush has stated publicly that the National Security Agency (NSA)’s domestic surveillance program is necessary in fighting the war on terrorism. He doesn’t believe the program is unconstitutional. However, a panel assembled by the American Civil Liberties Union (ACLU) has argued that Bush should be impeached over the spying program.

“If the political alignment in the country were otherwise, impeachment would be a no-brainer,” said Laurence H. Tribe, professor of Constitutional Law at Harvard University.

The Domestic Spying Program was made public in December 2005 when The New York Times leaked that President Bush authorized the NSA to tap international telephone calls that included one party who was suspected of terrorist activity. This type of decision is something that is supposed to go in front of Congress for approval.

“It violates the basic rules of the road of how you operate,” said Anthony D. Romero, executive director of the ACLU. “No judge, at any level has signed a warrant for this.”

John Dean, a former White House counsel during the Nixon Administration, compared the Bush Administration’s wiretapping to the Watergate scandal.

“There is no question in my mind that this president has already committed one or more impeachable offenses. This is pretty serious stuff. It’s worse than Watergate,” Dean said.
White House Press Secretary Scott McClellan believes the program is a vital tool in our efforts to disrupt terrorist plots and that it doesn’t violate Americans’ civil liberties.

I have no doubt President Bush authorized the NSA to engage in wiretapping because he wants to protect the American people from terrorism. Why else would he authorize such a thing? However, most analysts believe he should have received a warrant from a higher court, or at least from Congress. Was he afraid that Congress or a higher court would reject the Domestic Spying Program, so he tried to sneak it into action? Only time can tell the outcome of this important national security debacle.

— Nick Ballasy