Trip20, that's why I gave the URL to the article.
Wild, I believe you are wrong:
According to the statutes, wire taps (by intelligence communities of any sort) require a warrant, but only if the tap is conducted within the boundaries of the US. This is according to 50 USC 1801, and it's exceptions ( sec. 1802). Meaning that if the taps intercepted the calls, and such taps were conducted outside of the US, they are then lawful... And this is what we don't know. Where and how the information was collected.
Remember, we are talking about the interception of calls made by US citizens and or other lawful aliens, but not including foreign nationals that are here, in the US, as diplomatic entities. We are also talking about the intelligence community and not general law enforcement operatives.
This is why I beleive Wild is wrong. The intelligence communities operate on wholly different statutes than do standard law enforcement. The NSA itself, is prohibited from collecting data upon US citizens who reside fully within the US and its territories.
To me, this begs the question of why the Administration did not go to the FISA court to obtain the warrant. Such applications are extremely easy to obtain, and may even be brought to the court within 72 hours of the actual tap being put in place (retro authorization).
The logical answer that I keep coming back to? That even under the (very) loose standards of the FISA court, the Administration could not make its case.
Trip, is is quite possible and even probable, that the Administration was doing what it did and was perfectly lawful, yet the law under which it was operating was unconstitutional. That we won't know until/unless it goes to Court.
And yes, there are a whole lot of questions here.