Geoffrey R. Stone writes in the Chicago Tribune:
The facts of this case: In early 2002, President Bush secretly authorized the National Security Agency to monitor international telephone calls and international e-mail messages without any showing of probable cause to believe that a participant in the communication was involved in unlawful or terrorist activity, and without obtaining a search warrant from a court of law. This action was a direct violation of federal law and the United States Constitution.
John Schmidt replies in the same newspaper:
In the Supreme Court’s 1972 Keith decision holding that the president does not have inherent authority to order wiretapping without warrants to combat domestic threats, the court said explicitly that it was not questioning the president’s authority to take such action in response to threats from abroad.