David Limbaugh

I hereby expressly consent to the NSA eavesdropping on any telephonic, Internet or other electronic forms of communications I may have -- whether I initiate or am on the receiving end of the communication -- with any person or persons the government has reasonable basis to conclude is a member of al Qaeda, affiliated with al Qaeda or a member of an organization affiliated with al Qaeda.

          I aver that I have no expectation of privacy with respect to any communications I might have with suspected or known al Qaeda members or persons linked to al Qaeda or related terrorist organizations. Indeed, I'd like to meet the person who would pretend to be victimized by an interception of a call he had with al Qaeda.

          As usual with the Democratic leadership, it's difficult to tell for sure whether its motivation in attempting to scandalize the president's wartime electronic surveillance of the enemy is purely political, based on legitimate civil-liberties concerns or a combination of both.

          But given its overt misrepresentation of the president's program and its disregard for the historical practice of warrantless electronic surveillance of the enemy by the presidents of both parties, my bet is that their motivation is partisan.

          If Democratic leaders were truly concerned about potential infringements of privacy rights, would they repeatedly mischaracterize the program as "domestic" spying? Would they have pretended the president conducted this program completely clandestinely when he briefed key members of Congress from both parties more than a dozen times?

          Would they all repeat the same hollow mantra, "We are in favor of spying on al Qaeda"? Isn't that what's going on here? Sorry, boys and girls, you can't have it both ways. Explain to us how you would protect the nation by always requiring warrants in this fast-moving, high-tech world, with ever-shifting phone numbers and disposable cell phones -- a world the drafters of FISA couldn't possibly have envisioned.

          Let's be clear what we're talking about here. The NSA surveillance program involves intelligence of a foreign enemy during war. None of the interceptions of communications is for the purpose of criminal law enforcement but instead for the detection and prevention of terrorist attacks against the United States.

David Limbaugh

David Limbaugh, brother of radio talk-show host Rush Limbaugh, is an expert on law and politics. He recently authored the New York Times best-selling book: "Jesus on Trial: A Lawyer Affirms the Truth of the Gospel."

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