We're Getting Warrants Now, But That's the President's Call, DNI Says:
The NSA domestic surveillace program has been out of the news ever since it was announced in January that the Bush Administration had agreed to seek FISA warrants for such surveillance rather that try to conduct it outside of FISA. In a hearing earlier this week on amending FISA, Director of National Intelligence Michael McConnell made clear that in the Bush Administration's view, this is completely at the President's discretion. According to McConnell, the Administration still takes the view that FISA is unconstitutional and that it has Article II authority to ignore FISA, but it just has decided not to exercise that particular authority at this particular time. According to McConnell: "Article II is Article II, so in a different circumstance, I can’t speak for the president what he might decide." (Hat tip: Balkin)