On the other hand - as Jay B said in comments at Alicublog, he did what he did and said what he said and apparently meant it, and did not weasel about it, and made a lot less headway doing it than he gets credit for. I refered to the New York Times obit for a reason, actually - it was sitting side by side (and still is) with this story: Bush Intervened in Dispute Over N.S.A. Eavesdropping:
President Bush intervened in March 2004 to avert a crisis over the National Security Agency’s domestic eavesdropping program after Attorney General John Ashcroft, Director Robert S. Mueller III of the F.B.I. and other senior Justice Department aides all threatened to resign, a former deputy attorney general testified Tuesday.That sort of thing, gutting the constitution in the dark, over the objections of that noted civil libertarian John Ashcroft - that will give you pause. Talking Points Memo, as usual, is a fine source of commentary on the subject. They have video, for example. And Glenn Greenwald, of course: this post will probably still be around in a year - discussing its relevance to the NSA spying scandal.Mr. Bush quelled the revolt over the program’s legality by allowing it to continue without Justice Department approval, also directing department officials to take the necessary steps to bring it into compliance with the law, according to Congressional testimony by the former deputy attorney general, James B. Comey.
In any case: I'll draw once more on the bard to sum up Falwell's kind:
Indeed this counsellor
Is now most still, most secret and most grave,
Who was in life a foolish prating knave.
His silence is most welcome. Too bad for him, it has only come from death, not wisdom or decency.