Hewitt's Defense of Bush

Hugh Hewitt cites US v. US DISTRICT COURT, 407 U.S. 297 (1972) as a defense for the President's constitutional authority on the NSA affair. He fails to mention the decision went against the Government across the board when that authority was measured against the Fourth Amendment. The court found the surveillance was illegal. The Government.. " urged that the requirement of prior judicial review would obstruct the President in the discharge of his constitutional duty to protect domestic security. We are told further that these surveillances are directed primarily to the collecting and maintaining of intelligence with [407 U.S. 297, 319] respect to subversive forces, and are not an attempt to gather evidence for specific criminal prosecutions... The Court said... "But we do not think a case has been made for the requested departure from Fourth Amendment standards. The circumstances described do not justify complete exemption of domestic security surveillance from prior judicial scrutiny... "We cannot accept the Government's argument that internal security matters are too subtle and complex for judicial evaluation.. "Nor do we believe prior judicial approval will fracture the secrecy essential to official intelligence gathering...