[Truth-The Anti Spin]

The decision says the executive "undisputedly" violated FISA... (but then a few paragraphs later goes on to say that the executive does dispute the claim and points to the AUMF). Did the POTUS indeed violate FISA? Maybe.... eh... probably. I think resting on AUMF is colorable... but weak.

The 'undisputedly' comes from the fact that the government lawyers didnt bother to dispute that particular claim in before this particular court. It's a legal term when used in this context.... they argued that AUMF gives the president the authority to ignore FISA, which the judge rejected.

Is FISA unconstitutional? Has the executive even made that claim? If they think FISA is unconstitutional, they need to get the Judiciary to agree with them. It's that whole checks and balances thing.

[bigLusr]

The 'undisputedly' comes from the fact that the government lawyers didnt bother to dispute that particular claim in before this particular court. It's a legal term when used in this context.... they argued that AUMF gives the president the authority to ignore FISA, which the judge rejected.

The executive did not argue that AUMF gave the president the right to ignore/violate FISA. That is a horrible and deliberate misrepresentation adopted by the left and this judge (but I repeat myself). Rather, the executive argues that AUMF satisfies FISA.

From Wikipedia:

The administration argues instead that the authority to perform warrantless domestic wiretapping was implicit in the authorization to use force in the AUMF. FISA provides that intentional surveillance without authority is a felony "except as authorized by statute." The argument, in this case, is that "all necessary force" includes "foreign surveillance", and that the AUMF is therefore a statute that otherwise authorizes the surveillance, satisfying FISA's conditions for not constituting a felony. (italics mine)

The executive does not get to violate the law because we are at war. This President has never claimed that it can violate the law because we are at war. The word "undisputedly" comes from the left's oft-repeated mischaracterization, not from the executive's failure to argue its case.

Is FISA unconstitutional? Has the executive even made that claim?

Repeatedly. See Legal Authorities Supporting the Activities of the National Security Agency Described by the President

Indeed, were FISA and Title III interpreted to impede the President’s ability to use the traditional tool of electronic surveillance to detect and prevent future attacks by a declared enemy that has already struck at the homeland and is engaged in ongoing operations against the United States, the constitutionality of FISA, as applied to that situation, would be called into very serious doubt. In fact, if this difficult constitutional question had to be addressed, FISA would be unconstitutional as applied to this narrow context.

Or the decision itself.

Finally, although the Defendants have suggested the unconstitutionality of FISA...

If they think FISA is unconstitutional, they need to get the Judiciary to agree with them.

They tried. The judiciary (strangely) wouldn't even consider the question.

It's that whole checks and balances thing.

Funny... from where I sit I can't see anybody who's checking the courts.