The wiretaps, the accused, and the president

Defence lawyers in several terrorism cases in the United States are planning to appeal against the convictions of their clients on the ground that evidence may have been garnered from illegal wiretapping by a federal government surveillance agency.

The threat is the latest repercussion of the disclosure two weeks ago that the Bush administration had used the National Security Agency (NSA) - supposed to go after foreign targets - to conduct electronic surveillance without warrants inside the US, and against American citizens.

The administration talking points on this will lambaste the press and leakers as subverting the power of the president (and therefore as traitorous, etc.), as they always are. The point to remember is that the basis for appeals is that the president does not have the power implied in the forthcoming talking-point lambasting of the press and leakers. That is, unless the claim is ultimately that this president is above the law. If you're a journalist, please force that issue.