A few questions ... any answers?

This speech by former senator and presidential candidate George McGovern has been reported by a number of blogs, but I thought it deserves another mention. McGovern asks a lot of questions of President Bush about the fiasco in Iraq. He is against this war but, as he points out, he, unlike Bush and Cheney, did serve in combat (in WW II, as a bomber pilot) and so cannot be considered as someone simply anti-war in all circumstances. Of all the questions put forth, the most important, I think, is:

Finally, Mr. President, I ask have you kept your oath of office to uphold the Constitution when you use what you call the war on terrorism to undermine the Bill of Rights? On what constitutional theory do you seize and imprison suspects without charge, sometimes torturing them in foreign jails? On what constitutional or legal basis have you tapped the phones of Americans without approval of the courts as required by law? Are you above the Constitution, above the law, and above the Geneva accords? If we are fighting for freedom in Iraq as you say, why are you so indifferent to protecting liberty here in America?