Today, President Bush attempted to justify his secret domestic spying program:

The NSA program is one that listens to a few numbers, called from the outside of the United States and of known al Qaeda or affiliate people. In other words, the enemy is calling somebody and we want to know who they’re calling and why.

In fact, according to this explanation, the program was not only illegal but unnecessarily puts the American people at risk.

If we know that U.S. persons are communicating with al Qaeda or al Qaeda affiliates, the surveillance would be approved by the Foreign Intelligence Surveillance Court. (Remember, doing so would not slow the process down because you can obtain the approval up to 72-hours after the surveillance has begun.) Evidence obtained with a warrant from the FISA court, in most cases, can be used to charge and prosecute a suspect. In fact, Section 218 of the Patriot Act amended FISA to make it easier to introduce evidence obtained with a FISA warrant to prosecute people.

Every conversation monitored under Bush’s warrantless domestic surveillance program is a missed opportunity to get someone who is talking with terrorists off the streets and behind bars.

Why? Becuase evidence obtained by Bush’s warrantless domestic spying program is probably not admissible in court. Convictions obtained with evidence from this program may be overturned. Suspected terrorists are already pursuing appeals.

Conversation between U.S. persons and a known terrorists should be monitored. But those conversations should be monitored in a way maximizes the security of the American people. Bush’s secret program doesn’t do it. We’d be much safer if he would cancel it and start following the law.

Add Sen. Dick Lugar (R-IN) to the list of conservative senators – which already includes Sen. Lindsey Graham (R-SC) and Sen. Arlen Specter (R-PA) – who have expressed serious concerns about Bush’s secret domestic spying program. From CNN’s Late Edition:

BLITZER: So you want hearings? You want hearings?

LUGAR: I do. I think this is an appropriate time, without going back and should the president have ever tried to listen to a call coming from Afghanistan, probably of course. And in the first few weeks we made many concessions in the Congress because we were at war and we were under attack.

We still have the possibility of that going on so we don’t want to obviate all of this, but I think we want to see what in the course of time really works best and the FISA Act has worked pretty well from the time of President Carter’s day to the current time.

Nevertheless, Bill Kristol still characterizes concern about the spying program as “paranoid liberalism.” Never let the facts get in the way of a talking point.