In truth, the "domestic spying" program really consists of wiretapping messages. And they are partially domestic. You see, the NSA was still obtaining warrants for wiretaps that consisted of information that was being sent from one person inside of the U.S. to another person inside of the U.S. The program in question, however, tapped calls that were between an international location and a domestic one.
I'm not a lawyer, therefore I can't tell you accurately if it's legal or not. Hell; if Orin Kerr couldn't do it, do you think I have a chance? Right.
I can tell you one thing; this article gives more credence to the fact that the mainstream media should be considered more of an obstacle to national security rather than simply neutral. The New York Times is more than willing to publish and distribute anything that will tip off our enemies and embolden them to continue engaging in terrorist activities. And if they make a buck or two while doing so, that's part of the perks.
Thus, it's no wonder why leftists feel sensitive and even paranoid when it comes to patriotic issues. Someone needs to question their patriotism. The president should not have to beg the NYT's publisher not to publish something that's going to expose a tight-lipped national security intelligence program. They should have done it on their own.
Of course, the Democrats did what they always do when something negative comes up: bash the president and pretend as if they never knew anything about it. However, members of the Senate Intelligence Committees knew about the program long ago, and President Bush states that congressmen have been briefed nearly a dozen times about the program. Of the Democratic leadership and profilers, we know that Nancy Pelosi, Harry Reid, former Senator and presidential candidate Bob Graham have been briefed and/or notified of this program well ahead of the NYT article.
I agree there should be an investigation to make sure that the NSA is using the program properly and is not engaging in illegal activity. However, Congress should not head that investigation. It should be done by an independent group that will not turn this into a partisan issue. If the 9/11 Commission can be formed, why can't another commission look into these programs and make sure they are being used in an appropriate manner?
But with Congress, all you're going to get are a bunch of hens clucking once they get in front of the mic and cameras, trying to look good while trying to make others look bad. This is too important for the typical antics that happen in every high profile Congressional hearing.
But here's the real question: how many Democrats are going to call for an investigation of this leak, of which the Plame leak pales in comparison? With the possible exception of Joe Lieberman, it won't happen.