Don't play lawyer, or if you do at least pretend to know that Civil War-era jurisprudence referred to a state of war and executive war powers. A better question you might ask: when do Presidential war powers become operative if at all?
Jim specifically said that FISA may be trumped by the President's constitutional authority. Address that point.
Apparantly the White House and the Senate Democrats have a disagreement over the facts. Who you believe, at least on this board, seems to fall down to who you prefer politically.
So you're suggesting that the President risked this much political hell for some gain so secret we can't even perceive? Seems to me that extraordinary should find support in extraordinary evidence, not idle cynicism.
Yeah, he's a ninja or something, right? You know, the agency running the op has a name. Hell, there's even a whole community of agencies doing all sorts of covert things. So I guess you would also say "Bush is covertly hunting al Qaeda in the wilds of Afghanistan."
Russ Feingold's set the tone for the Democratic Party base: "Give me liberty or give me death." There's nothing more heartening than watching a party publically offer to bend over and take it from Bin Laden to pursue a stupid, incorrect principle.