Via Atrios, we point you to this NYT story:
WASHINGTON, Dec. 15 – Months after the Sept. 11 attacks, President Bush secretly authorized the National Security Agency to eavesdrop on Americans and others inside the United States to search for evidence of terrorist activity without the court-approved warrants ordinarily required for domestic spying, according to government officials. Under a presidential order signed in 2002, the intelligence agency has monitored the international telephone calls and international e-mail messages of hundreds, perhaps thousands, of people inside the United States without warrants over the past three years in an effort to track possible “dirty numbers” linked to Al Qaeda, the officials said. The agency, they said, still seeks warrants to monitor entirely domestic communications. The previously undisclosed decision to permit some eavesdropping inside the country without court approval represents a major shift in American intelligence-gathering practices, particularly for the National Security Agency, whose mission is to spy on communications abroad. As a result, some officials familiar with the continuing operation have questioned whether the surveillance has stretched, if not crossed, constitutional limits on legal searches.
(N.B. that the John Yoo defending this surveillance in that story is the same John Yoo who, in his capacity as a DoJ lawyer, advised that the President need not comply with the Geneva Convention and could in fact act as he pleased with respect to torture, extraordinary rendition, and the indefinite detention of persons declared by the Executive to be “enemy combatants.” The values this guy exhibits in opinions like these are not American values, and they scare the bejesus out of me.)
The Post has more on this, and on the Administration’s justification for these actions:
The law governing clandestine surveillance in the United States, the Foreign Intelligence Surveillance Act, prohibits conducting electronic surveillance not authorized by statute. A government agent can try to avoid prosecution if he can show he was “engaged in the course of his official duties and the electronic surveillance was authorized by and conducted pursuant to a search warrant or court order of a court of competent jurisdiction,” according to the law. “This is as shocking a revelation as we have ever seen from the Bush administration,” said Martin, who has been sharply critical of the administration’s surveillance and detention policies. “It is, I believe, the first time a president has authorized government agencies to violate a specific criminal prohibition and eavesdrop on Americans.”