"Theres a whole body of case law to be written for this new kind of war"....
Boy, is that right....and it should be interesting, while maddening at times as well.
Do YOU think that the POTUS has the Constitutional right to wiretap the foreign calls to or from the USA??
I do not think he has the power per se. And he isn't asserting a power, per se. He qualifies the activity as ALWAYS involving a suspect.
This gets to the point I asked you about a couple weeks ago -- what is the planned USE of the information? At some point, it has to be useful to put into ACTION. It's pure waste to listen for the sake of listening.
I've said from the start, we don't have enough information about the legal policies of the program to asses its constitutionality. Depending on one's assumptions, my opinion/conclusion can come out on one side or the other.
And I honestly think that if we know bad guys, suspects, that we ought to be surveilling them in-country even more earnestly than we watch their international communications. Once on the ground here, they can hurt us!