on that earlier must read

i just need to have easy reference to this one paragraph in the king george piece i mentioned earlier. here's that paragraph (well, 2, so shoot me)

Bush's message to the courts, like his message to Congress, is: Make way, subjects. His quiet detour around the federal judges who sit on the FISA court is entirely consistent with the White House position in the big terrorism civil liberties cases that federal judges lack jurisdiction to meddle with presidential decisions about whom to lock up and how to treat them. In the Hamdi case, the Supreme Court, by a vote of 8-1, curtailed Secretary of Defense Donald Rumsfeld's ability to detain "enemy combatants" indefinitely without a hearing. In a plurality opinion, O'Connor wrote "a state of war is not a blank check for the President." The Justice Department memo, however, cites Hamdi as ballast for its stance that when it comes to spying domestically, Bush has not only a blank check but a wallet full of no-limit platinum cards.

The final problem with Gonzales' theories of unfettered executive authority is that they, as the lawyers say, prove too much. The Article II plus AUMF justification for warrant-less spying is essentially the same one the administration has advanced to excuse torture; ignore the Geneva Conventions; and indefinitely hold even U.S. citizens without a hearing, charges, or trial. Torture and detention without due process are bad enough. But why does this all-purpose rationale not also extend to press censorship or arresting political opponents, were the president to deem such measures vital to the nation's security?