Specter gags on Alito?

Arlen seems to be playing tough with Dubya on illegal wiretapping. Since he's not up for re-election until 2010, he may be playing this for real.

Gonzales Faces Tough Questions on Spying

WASHINGTON -- Attorney General Alberto Gonzales insisted Monday that President Bush was "acting with authority" both under the Constitution and federal law in eavesdropping on Americans without warrants as part of the war on terror.

But his strong defense of Bush's program was challenged by Republican Sen. Arlen Specter, chairman of the Judiciary Committee, who told Gonzales that even the Supreme Court had ruled that "the president does not have a blank check."

Specter suggested that the program's legality be reviewed by a special federal court.

"There are a lot of people who think you're wrong. What do you have to lose if you're right?" Specter asked Gonzales.

Gonzales initially sidestepped the question, but then said he would have no objection to such a review. He said the administration was continually looking into ways to improve the program and protect individual rights.

[snip]

Federal law "has a forceful and blanket prohibition against any electronic surveillance without a court order," said Specter, R-Pa.

While the president claims he has the authority to order such surveillance to protect Americans from terrorist attacks, Specter said, "I am skeptical of that interpretation."

And what's with the characterization of Gonzales' endless tape loop rationalization for eavesdropping as a "strong defense"? Continually repeating a bad argument does nothing to make it any stronger. The administration's case is nothing more than proof by assertion, and that in the face of clear contradictory evidence.

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