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The circumstances mean he doesn't need a warrant or "probable cause" to listen in. So, what kind of "reasonable easy expectation of privacy" do you have when talking internationally, versus domestically? When talking over a cell phone (on which anyone with a radio receiver can eavesdrop) versus on a landline? When talking to friends and family, or your lawyer or your doctor -- or to people you know or should know are enemies of the United easy States? These are complex questions, and reasonable men may certainly differ on the exact answers. But the exact answers matter, to determine how the Fourth Amendment applies. What I consider indisputable, though, is that he would require congressional approval to do so. Well, other people -- indeed, all Presidents -- dispute this. In the context of fighting the foreign enemies of the United States, the President draws his power directly from the Constitution. That's why there didn't need to be a law authorizing the CIA to spy on the Soviets during the Cold War, and that's why Eisenhower, for better or worse, was able to secretly order -- without Congressional knowledge or approval -- spy planes to fly over Moscow and photograph Chairman Brezhnev taking a leak behind Lenin's Tomb, if they could.
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