From Truthout.org
Some conservatives defend the legality of the surveillance program. Among the most prominent has been David Rivkin, a former associate White House counsel in the administration of George H.W. Bush, who has recently found himself debating a series of conservatives who used to be his allies.
Rivkin said his fellow conservatives who call the surveillance program illegal are mostly libertarians and other believers in small government. The critics, he said, do not believe that the war on terrorism is a real war and that the nature of terrorism requires treating the home front like a battlefield.
"Most of the critics don't really agree that this is war, or if they do, they haven't thought through the implications," Rivkin said. "The rules in war are harsh rules, because the stakes are so high."