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Bush’s warrantless spying may undermine

terrorism prosecutions. “[S]ome Justice Department prosecutors, speaking on condition of anonymity because the program remains classified, said they were concerned that the agency’s wiretaps without warrants could create problems for the department in terrorism prosecutions both past and future. ‘If I’m a defense attorney,’ one prosecutor said, ‘the first thing I’m going to say in court is, ‘This was an illegal wiretap.’’”

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