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The U.S. Justice Department on October 13 asked the federal appeals court in Cincinnati to overturn a lower court decision that the National Security Agency's warrantless electronic surveillance program is unconstitutional. The appeals court had earlier agreed that the administration could continue the program while it is being appealed--a process that could take months.
But this is not the only front that the Bush administration has been aggressively pursuing to make the warrantless eavesdropping program permanent. Though the administration had implemented the program in secret, based on claimed executive authority, it has been seeking congressional approval. But that approval, even if granted, would not change the ...