Compared to Spygate, Watergate was a kindergarden picnic. The Bush administration's lies, felonies, and illegalities have revealed it to be a criminal administration with a police state mentality and police state methods. Now Bush and his attorney general have gone the final step and declared Bush to be above the law. Bush aggressively mimics Hitler's claim that defense of the realm entitles him to ignore the rule of law.

Bush's acts of illegal domestic spying are gratuitous because there are no valid reasons for Bush to illegally spy. The Foreign Intelligence Services Act (FISA) gives Bush all the power he needs to spy on terrorist suspects. All the administration is required to do is to apply to a secret FISA court for warrants. The Act permits the administration to spy first and then apply for a warrant, should time be of the essence. The problem is that Bush has totally ignored the law and the court.

Why would President Bush ignore the law and the FISA court? It is certainly not because the court in its three decades of existence was uncooperative. According to attorney Martin Garbus (New York Observer , 12-28-05), the secret court has issued more warrants than all federal district judges combined, only once denying a warrant.

One reason is that the Bush administration is being used to concentrate power in the executive. The old conservative movement, which honors the separation of powers, has been swept away. Its place has been taken by a neoconservative movement that worships executive power.

The other reason is that the Bush administration could not go to the FISA secret court for warrants because it was not spying for legitimate reasons and, therefore, had to keep the court in the dark about its activities.

What might these illegitimate reasons be? Could it be that the Bush administration used the spy apparatus of the US government in order to influence the outcome of the presidential election?

Could we attribute the feebleness of the Democrats as an opposition party to information obtained through illegal spying that would subject them to blackmail?

Why is the Justice Department investigating the leak of Bush's illegal activity instead of the illegal activity committed by Bush? Is the purpose to stonewall Congress' investigation of Bush's illegal spying? By announcing a Justice Department investigation, the Bush administration positions itself to decline to respond to Congress on the grounds that it would compromise its own investigation into national security matters.

What will the federal courts do? When Hitler challenged the German judicial system, it collapsed and accepted that Hitler was the law. Hitler's claims were based on nothing but his claims, just as the claim for extra-legal power for Bush is based on nothing but memos written by his political appointees.

The Bush administration, backed by the neoconservative Federalist Society, has brought the separation of powers, the foundation of our political system, to crisis. The Federalist Society, an organization of Republican lawyers, favors more "energy in the executive." Distrustful of Congress and the American people, the Federalist Society never fails to support rulings that concentrate power in the executive branch of government. It is a paradox that conservative foundations and individuals have poured money for 23 years into an organization that is inimical to the separation of powers, the foundation of our constitutional system.

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