Phony Balance - New York Times

This story in the New York Times suffers from Phony Balance Exercise, an affliction common to the establishment media. Reporters Scott Shane and David Johnston delve into the controversy over Alberto Gonzales' lies to congress about the Bush administration's warrantless electronic surveillance against American citizens. With respect to what Bush calls the "Terrorist Surveillance Program," they write:

President Bush has asserted that both his constitutional powers as commander in chief and the authorization for the use of military force passed by Congress after the Sept. 11 attacks gave him legal justification for skirting the warrant requirement. Critics have called the surveillance illegal because it does not comply with the FISA law.

No, the program is illegal because it does not comply with the FISA law. It is not a matter of opinion. The program violates the law. It is, therefore, illegal.

Oh, the heartbreak of PBE.