While previous presidents have at various times claimed the legal right to authorize searches and electronic surveillance without court warrants so as to gather foreign intelligence, those decisions have undergone scrutiny by either courts or congressional hearings.
It's fair to say that Bush had no intention of allowing public scrutiny of his act, since he personally summoned the top executives of The New York Times to a private meeting on December 6 and pressured them not to run the story about the domestic spying. The paper had held the story for a year at the administration's pleading but decided, after second thoughts and more reporting, that its importance required publication. It appeared on the Times' front page on Friday, December 16.
Some Bush supporters have attacked the Times for running the piece. On the other hand, some journalists have attacked theTimes for holding it for a year. From where I stand (I'm a Times alumnus), the paper should get credit for digging it out and publishing it. But whatever one's journalistic point of view, the Times' decision-making is not the central story here. The president's secret directive is.
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