I served in the United States Air Force's "Electronic Security Command" in the early 80's. This was during the years immediately following Congress establishing restraints on U.S. surveillance practices through FISA (Foreign Intelligence Surveillance Act). This is a key point that needs to be made clear to the American people. FISA did not give the administration new power. It was designed by Congress to restrain power and provide for oversight by the courts.

Why FISA Was Born

The need for FISA arose from administration misconduct, including the tapping of phones of political opponents. The Supreme Court and Congress clearly stated that wire-tapping of American phones without a warrant is a serious breach of the 4th amendment of the Constitution. Each used the power granted to them in the Constitution to restrain and oversee the executive branch.

Bush Arguments Are Ridiculous

President Bush's argument that FISA can be ignored because Congress authorized him to invade Afghanistan and Iraq is, as lawyers love to say, completely without merit. His claims that technology has changed so much since FISA was written in 1978, and that he needed to act faster that FISA would allow are also spurious. FISA allows immediate capture of electronic communications, as soon as an intelligence agency determines it needs to be monitored. Within 72-hours after interception, the agency must go to the FISA court and ask for a warrant. I believe therefore that it was not a delay in the ability to eavesdrop that prompted the President to abandon FISA, it was a desire to keep the American targets of surveillance secret, even from the trustworthy and super-secret FISA Court.

I never thought former U.S. Rep. Bob Barr (R-Ga.)and I would ever be on the same page.

First he joins the ACLU, which made me do a spit-take and wonder what was to become of my beloved organization.

Now he's one of the most vocal critics of the George W. Bush administration regime.

This has of course made Barr the enemy of the right. And he walked into the heart of their camp this week to confront them.