While some pundits seem content to label this as a defeat of sorts for the Bush Administration (see the WaPo headline above) and some conservative legal experts are inclined to agree, I'm not sure. I'm not disagreeing necessarily, but this seems to be a case of We Don't Know What We Don't Know, and I'm not sure that is such a bad thing.The bottom line is that we want to be able to intercept terrorist communications into the US and to track down those who are inside the US based on those extra-jurisdictional contacts.
Has the FISA court agreed to make changes in how it handles terrorist surveillance based on intel gathered from outside the US such that it is giving the President what it needs and still manages to assuage critics who complain that the President is somehow trampling on your civil rights? We simply don't know and everyone is basically engaging in speculation.
The hope is that the latest changes do not undermine US national security. As to whether Bush gave up some manner of Presidential power (giving away some part of the powers inherent in the Office of the President pursuant to the US Constitution including the warmaking/warfighting powers) is a separate issue - and one that would likely be a mistake. That wouldn't be the first time either.
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