Trying to finagle their way out of the latest scandal of possible illegalities in its domestic wiretapping program of U.S. citizens, the Bush administration is now pushing for Congressional approval to retroactively allow for such an unconstitutional program:
After two months of insisting that President Bush did not need court approval to authorize the wiretapping of calls between the United States and suspected terrorists abroad, the administration is trying to resist pressure for judicial review while pushing for retroactive Congressional approval of the program.
Even though the FISA program already allows for delay between when a warrant can be executed and the special court must be notified (one year actually), the administration has repeatedly ignored their obligation to follow even those lax rules. Because… as the truth would have it, the FISA court is stacked with terrorists who would have immediately blown the whole operation.
But the real meat and potatoes here is that the administration wants retroactive Congressional approval of what has already occured (an ex post facto law) — or in very simple terms: a pardon.