President Bush is not giving up the battle over domestic spying. He's fighting it with an army of straw men and a fleet of red herrings.

In his State of the Union address and in a follow-up speech in Nashville yesterday, Mr. Bush threw out a dizzying array of misleading analogies, propaganda slogans and false choices: Congress authorized the president to spy on Americans and knew all about it ... 9/11 could have been prevented by warrantless spying ... you can't fight terrorism and also obey the law ... and Democrats are not just soft on national defense, they actually don't want to beat Al Qaeda.

"Let me put it to you in Texan," Mr. Bush drawled at the Grand Ole Opry House yesterday. "If Al Qaeda is calling into the United States, we want to know."

Yes, and so does every American. But that has nothing to do with Mr. Bush's decision to toss out the Constitution and judicial process by authorizing the National Security Agency to eavesdrop without a warrant. Let's be clear: the president and his team had the ability to monitor calls by Qaeda operatives into and out of the United States before 9/11 and got even more authority to do it after the attacks. They never needed to resort to extralegal and probably unconstitutional methods.