Via Atrios, we find these paragraphs from Digby:

Look, the problem here, again, is not one of just spying on Americans, as repulsively totalitarian as that is. It’s that the administration adopted John Yoo’s theory of presidential infallibility. But, of course, it wasn’t really John Yoo’s theory at all; it was Dick Cheney’s muse, Richard Nixon who said, “when the President does it, that means it’s not illegal.” This was not some off the cuff statement. It was based upon a serious constitutional theory — that the congress or the judiciary (and by inference the laws they promulgate and interpret) have no authority over an equal branch of government. The president, in the pursuit of his duties as president, is not subject to the laws. Citizens can offer their judgment of his performance every four years at the ballot box.

The problem with this “theory” is that in our republic, no one is above the law. Not even Bush.

Update: Links fixed. Oops.