John Dean on Bush's NSA Spying and More

Worthwhile article from John Dean at FindLaw with shades of Nixon:

Bush's position is that he does not need Congressional approval for his measures. Even he does not claim that Congress gave him express power to undertake them, but he does claim that Congress indirectly approved such measures when it authorized the use of force to go after those involved in the 9/11 terror attacks on the United States. He also argues that, in any event, approval was not necessary - for he argues that he has such authority under Article II of the Constitution, as the chief executive, and Commander in Chief, charged with faithfully executing the laws of the land and protecting the Constitution.

These arguments are hauntingly familiar to this observer.

No one can question President Bush's goal: Protecting Americans from further terror attacks. But every American should question his means: Openly defying a longstanding statute that prohibits the very actions he insists on undertaking, when done in the very manner he insists upon doing them.

In some two hundred and seventeen years of the American presidency, there has been only one President who provides a precedent for Bush's stunning, in-your-face, conduct: Richard Nixon. Like Bush, Nixon claimed he was acting to protect the nation's security. Like Bush, Nixon broke the law - authorizing, among other things, illegal wiretaps.

Ironically, a stronger case might be made for Nixon's warrantless wiretaps, than for Bush's. Nixon's were installed to track leaks of national security information relating to the war in Vietnam. (He never found the leaker.) He pursued domestic intelligence by illegal means because he believed - based on information from President Lyndon Johnson - that communists had infiltrated the anti-war movement. (No such evidence was ever found.) In addition, he believed that extreme measures were necessary to deal with domestic terrorists, who were responsible for hundreds of deadly bombings. (This is the same argument Bush makes today.)
Nixon also claimed he was only doing what his predecessors had done. That was not untrue - but what had, in the past, been the exception to the rule became standard operating procedure under Nixon.