In the old days of the studio system, what Columbia Pictures released depended on Harry Cohn's determination of what Columbia Pictures should release. Said Cohn, "When I'm alone in a projection room, I have a foolproof device for judging whether a picture is good or bad. If my fanny squirms, it's bad. If my fanny doesn't squirm, it's good. It's as simple as that." To which Herman Mankiewicz famously retorted, "Imagine, the whole world wired to Harry Cohn's ass!"
The President of the United States, it seems, also has a foolproof device. It's not the Constitution, it's not the law--
As Alberto Gonzales's Department of Justice opined last month,
Because the President has determined that the NSA activities are necessary to the defense of the United States from a subsequent terrorist attack in the armed conflict with al Qaeda, FISA would impermissibly interfere with the President's most solemn constitutional obligation - to defend the United States against foreign attack.
In other words: if the Foreign Intelligence Surveillance Act, and the FISA Court of several decades' standing, says that the President can't do whatever he himself deems necessary, then that Court, and the Congress that created it, constitute "impermissible interference" with the President-- Who is accountable to? No one. Congress necessary? Declaration of War necessary? Nope.
Harry Cohn would have understood.
The President himself was asked about this on January 26. His response?
There's no doubt in my mind [warrantless wiretapping] is legal. I believe I've been hired by the people to do my job, and that's to protect the people.
Look at what's happened here. The standard for permissible Presidential conduct, as defined in Article II of the Constitution and mirrored in the oath of office, is that the President faithfully execute the law, and preserve, protect and defend the Constitution of the United States. Now, with some slippage thanks to the DoJ, the job has been redefined: it is the President's obligation to defend the Constitution, regardless of law. The standard: the President's determination. And just in case this be too vague, the President last week told us his standard: doubt or no doubt.
In other words, if the President searches his conscience, and believes himself to be right, and knows in his own mind that he's protecting the American people, then he's acting within the Constitution--and to do otherwise would constitute impermissible interference with his unclouded thoughts.
When the output of one of the major studios was wired to its president's ass, that was one thing. But the world, the real world, the world entire, wired to the ass of George W. Bush?