1978 FISA law explicitly regulates wiretaps and criminalized what Bush did
FISA was an unconstitutional encroachment on presidential power
FISA outdated: need to act fast and secretly in GWOT
FISA was overriden by the authorization of military force
A fresh post:
(Boost this post if you think it is a good argument, even if you don't agree with it.)
FISA doesn't cover foreign communications
Unconstitutional evasion of 4th amendment due process
President has power as commander in chief
There was due process: NSA decided carefully
Neither Bush admin., nor prior ones, suggested could do that until exposed
president didn't want enemy to know