"Why wouldn't you approve of using the same tools against a McVeigh? Hamas?"
SJ Res 23, 9/13/2001
"...the President is authorized to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001."
SJ Res 23, 9/13/2001 ... against those [who] aided the terrorist attacks that occurred on September 11, 2001.
So absent some linkage to 9/11, the surveillance would be unauthorized? That would be a pain to carry through in court proceedings. Are we going to wait for the successor to ALQaeda to mount a successful attack before we athorize warrantless monitoring of their adherants? Or are we going to grant the office of president wide berth in use of judgement as to who is a worthy target in prosecuting this war?