The Bush administration has stated that the new reason they had illegally spy on Americans is that they were unable to meet the necessary standard of probable cause, but they had reasonable suspicions about the targets.
The only problem is that as Glenn Greenwald points out today, the administration was against reasonable suspicion as the standard before they were for it.
In 2002, Mike DeWine offered to introduce legislation to lower the standard from probable cause to reasonable suspicion. The Bush administration did not support it, and instead praised the Patriot Act which added the 72 hour retro warrant and the flexibility it gave the administration in obtaining the warrants.
Wow, I guess if going to break the law, the standard is irrelevant. Now the question is how many of the targets didn't even meet the lower standard?
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