said by dib22:
the law that is/was in place was the FISA... what are they doing that they are afraid of judicial review (and a pretty quick and weak judicial review as it is/was with FISA anyway)??
It could have been a power play. The Executive may have used Congress's resolution to use "all means necessary" to garner more power to itself than Congress intended.
I'm not really arguing that FISA wouldn't have worked. Only that, according to our form of government, the Executive had the power to do what it did. Especially considering Congress's sweeping authorization of near-wartime powers. Congress validated the Executive's claim when it expanded FISA. And, when it used 2511 as the basis if so-called "immunity" (which was hardly immunity when it was based upon an existing law).
But, yes, I agree, there could have been a strain of politics involved, where the Executive saw it as an opportunity to enhance its own powers. That's the way the three co-equal branches of government work. It's expected.