Bush's Eavesdropping 

Bush's Eavesdropping

Kevin Drum (drawing partly on Orin Kerr/Volokh and Marty Lederman/Balkin) :

In other words, the president's program is almost certainly illegal unless you accept his unprecedented notion that we are currently in a state of war so grave that he has virtually unlimited power to override federal law whenever he considers it necessary. Even more importantly, by keeping his program secret, he has set himself up as the sole arbiter of whether his actions are legal or not. Neither Congress nor the courts are allowed any oversight, a position that is both breathtaking and dangerous.