That's true. It would be unprecedented that the DoJ would appoint a special prosecutor to review a finding that the DoJ issued. It would set a very bad precedent.
what is also amazing about this, is how the adminisrtation is totally blind sided by this.
this was obviously well planned to be released this week during the iraqi elections and the Patriot Act revote, well orchestrated with the various leftist groups, and even McCain and Spector seem to have been tipped to do their thing and instantly call for investigations.
yet, the administration is once again not prepared with any rebuttal. is anyone at the white house plugged in to the political machinations inside the Beltway, before they break?
I'm not a Constitutional lawyer but I'll wager that a president has the authority in time of war or if there is a threat to national security to order surveillance operations without court orders.