Reply #13: ex post facto [View All]

You are correct. Since it can't be retroactive for declaring something illegal, I would assume it can't be retroactive for declaring something legal.

Anything else wouldn't make sense. What would make sense would be changing the law to make it legal AND granting amnesty to the person who broke the law (Bush). Amnesty, a pardon, whatever it is. But I don't believe you can make something retroactively legal.

United State v. United States District Court
(commonly called Keith decision)
re spying domestically

http://cryptome.org/keith-decision.htm

...In the Keith decision, the Supreme Court, while recognizing the President's constitutional duty to "protect our Government against those who would subvert or overthrow it by unlawful means," held that the power inherent in such a duty does not extend to the authorization of warrantless electronic surveillance deemed necessary to protect the nation from subversion by domestic organizations.