I watched a new show on Fox tonight with Paul Gigot...and 3 journalists from WSJ online, and Opinion Journal...
and they were saying that the Congresscritters that WERE told, were adamant about it NOT going to Congress for a change..because of the necessity of extreme secrecy.
Also, the FISA court being established in 1978, is SO FAR behind what the technology and the world is like...that they are pretty much obsolete for what is necessary re: terrorism.
And, now that Bin Ladin knows all about this program..in the process of calling or e-mailing orders to Zawahiri, or Zarqawi, he could fix it to where it would look like the call was originated in the US...and received there...so that his orders would NOT be allowed to be used under those rules..
It was a great discussion about why this whole NSA thing will NOT harm Bush or his presidency.
I watched the show, too. It was excellent.
That is a weak argument, since the law is the law, change if it does not work.
That said I think the Constitutional argument regarding Presidential powers in war time is a winner. The President as Commander-in-Chief protecting the country seems to winning traction among the People. The RATS jumping on the President for doing his job is like saying apple pie tastes bad and mom is a whore.
I lucked into seeing the WSJ show it was really nerdish and one sided -- I loved it.