The Attorney General’s adamant defense of the president’s eavesdropping on Americans’ conversations and e-mails to people overseas was not a convincing argument for breaking the law.

The Senate Judiciary Committee meeting on Feb. 6 showcased the inane arguments brought to the table by Alberto Gonzales, in which he supported President Bush’s eavesdropping as an effort to fight the war on terror. The National Security Agency has been tuning in, without warrant, to calls and e-mails from people in the United States who may be communicating with Muslim extremists. Gonzales called it an “early warning system designed for the 21st century,” according to a quote in the AP, but that does not justify the right to invade the public’s privacy.

In 1978, the Foreign Intelligence Surveillance Act was created after the public found out about domestic spying from J. Edgar Hoover’s FBI. The FISA court can grant warrants for wiretaps, physical searches and telephone traces to the Justice Department if it’s able to prove that the U.S. citizen is linked to a foreign power or government. The problem with the Bush camp is that they aren’t offering any proof to the FISA court and as a result they are causing a severe violation of the law and of privacy.

Bush never obtained a warrant from the FISA court, even though he had a chance to file 72 hours after the wiretapping he chose not to file. Air Force Gen. Michael V. Hayden, Bush’s deputy director of national intelligence, explained that they did not file a retroactive court approval because it “involves marshaling arguments” and “looping paper work around.” He may as well have said “we didn’t file because that would mean doing our job.” Yes, privacy was invaded without warrant due to pesky paperwork.

The practice of listening and tapping into conversations is illegal. According to the AP, Republican Sen. Arlen Specter, the chairman of the Judiciary Committee, told Gonzales that the federal law “has a forceful and blanket prohibition against any electronic surveillance without a court order.” Bush doesn’t have a court order. He’s not only getting away with eavesdropping but Gonzales is condoning this behavior, saying it’s a benefit towards protecting the country from Al Qaida.

During the hearing, Gonzales insisted that NSA does not listen to calls unless there is reason to believe that the person on the line is communicating who is a known terrorist. However, Gonzales, ever the hypocrite, forgot to do his research and instead advocated Bush’s illegal listening in on the public. Gonzales said in a statement at the White House that this wasn’t a “backdoor approach” and explained that congress would approve surveillance. He also said that the reason they didn’t come to congress first was because the new legislation would be “difficult, if not impossible” to pass.

Bush and Gonzales knew that the wiretapping was being performed and they had no intention of informing congress or the FISA court. Gonzales had the stomach to defend Bush’s sneaky tactics and he had no problem digging up illogical arguments for violating the public’s right to privacy.