FISA Court Judges to Be Briefed on NSA Program:
According to a front-page story in the Washington Post, members of the FISA court will receive a classified briefing "to address their concerns about the legality of President Bush's domestic spying program." I thought this was a particularly interesting excerpt from the story:
  The judges could, depending on their level of satisfaction with the answers [to their questions on the legality of the NSA program], demand that the Justice Department produce proof that previous wiretaps were not tainted, according to government officials knowledgeable about the FISA court. Warrants obtained through secret surveillance could be thrown into question. One judge, speaking on the condition of anonymity, also said members could suggest disbanding the court in light of the president's suggestion that he has the power to bypass the court.
  (emphasis mine)

  I'm guessing that the judge in the last sentence isn't a big fan of the Administration's Article II argument.

  UPDATE: Marty Lederman offers his thoughts on the Article II argument, including the In re Sealed Case dictum.