A Presidential Lie.

While in Buffalo, N.Y., for his reelection campaign in April 2004, in one of those chatty "conversations" -- this one about the Patriot Act -- that he had with various well-vetted groups of voters, the president said the following:
"There are such things as roving wiretaps. Now, by the way, any time you hear the United States government talking about wiretap, it requires -- a wiretap requires a court order. Nothing has changed, by the way. When we're talking about chasing down terrorists, we're talking about getting a court order before we do so. It's important for our fellow citizens to understand, when you think Patriot Act, constitutional guarantees are in place when it comes to doing what is necessary to protect our homeland, because we value the Constitution."

By that time, as he has since admitted, the president had not only ordered the warrantless NSA wiretapping and surveillance program and recommitted to it many times over, despite resistance from officials in the Justice Department and even, possibly, from then-Attorney General John Ashcroft, but had been deeply, intimately involved in it. (No desire for classic presidential "plausible deniability" can be found here.) So this, as many critics have pointed out, was a lie. But what's more interesting -- and less noted -- is that it was a lie of choice. He clearly did not make the statement on the spur of the moment or in response to media questioning (despite the claims in some reports). He wasn't even "in conversation" in any normal sense. He was simply onstage expounding in a prepared fashion to an audience of citizens. So it was a lie that, given the nature of the event (and you can check it out yourself online), had to be preplanned. It was a lie told with forethought, in full knowledge of the actual situation, and designed to deceive the American people about the nature of what this administration was doing. And it wasn't even a lie the president was in any way forced to commit. No one had asked. It was a voluntary act of deception. Now, he is claiming that these comments were meant to be "limited" to the Patriot Act as the NSA spying program he launched was "limited" to only a few Americans -- both surely absurd claims. ("I was talking about roving wiretaps, I believe, involved in the Patriot Act. This is different from the N.S.A. program. The N.S.A. program is a necessary program. I was elected to protect the American people from harm. And on Sept. 11, 2001, our nation was attacked. And after that day, I vowed to use all the resources at my disposal, within the law, to protect the American people, which is what I have been doing, and will continue to do.")

In other words, by his own definition of what is "legal" based on that "obscure philosophy" (and with the concordance of a chorus of in-house lawyers), but not on any otherwise accepted definition of how our Constitution is supposed to work, the president has admitted to something that, on the face of it, seems to be an impeachable act -- and he has been caught as well in the willful further act of lying to the American people about his course of action. Here, however, is where -- though so many of the issues of the moment may bring the Nixon era to mind -- things have changed considerably. Our domestic politics are now far more conservative; Congress is in the hands of Republicans, many of whom share the president's fervor for unconstrained party as well as presidential power; and the will to impeach is, as yet, hardly in sight.