'When we last left the Republican Senate, in the week before they adjourned, they were so busy legalizing torture and indefinite detentions that they ran out of time to also give the President the power to eavesdrop on Americans in secret. The House had hastily passed Heather Wilson's version of the "Terrorist Surveillance Act," but the Senate had no time to vote on it prior to adjournment. As a result, warrantless eavesdropping continues to be criminal in this country (even though the President continues to engage in it).
For that reason, enactment of a warrantless eavesdropping bill remains a top priority for the President -- probably even more important to him now than even before the election -- because such a bill would not only gives him legal authority to eavesdrop with no judicial oversight, but it also would help protect himself against the legal consequences of having repeatedly broken the law. It is worth remembering that a federal court has already ruled his eavesdropping program to be both unconstitutional and in violation of the criminal law, and another judge, the highly respected District Court Judge Gerard Lynch of the Southern District of New York, is likely to issue a ruling soon on the same issues in the absence of Congressional legislation legalizing the program.'
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