Lone wolf amendment
In 2004, FISA was amended to include a "lone wolf" provision. 50 U.S.C. §1801(b)(1)(C). A "lone wolf" is a non-US person who engages in or prepares for international terrorism. The provision amended the definition of "foreign power" to permit the FISA courts to issue surveillance and physical search orders without having to find a connection between the "lone wolf" and a foreign government or terrorist group.[15]
And beyond the fact that both Carter and Clinton used the old unamended version of FISA for this exact same kind of wire tapping, but in peace time and not against terrorists:
E.O. 12139 - Jimmy Carter's Executive order to provide as set forth in FISA for the authorization of electronic surveillance for foreign intelligence purposes
E.O. 12949 - Bill Clinton's Executive order to provide for the authorization of physical searches for foreign intelligence purposes
Beyond these important points, there is precedent set by FIVE other Judges in FIVE seperate court cases, in which ALL five of those Judges found the NSA wire tapping program was totally legal and constitution, and threw the cases out. That is QUITE compelling, and it's highly doubtful that the appeals court will uphold this pathetic partisan liberal agenda driven rulling by a sub-standard Judge who's sat on the same low court for 27 years. This ruling will only serve to anger many Americans like us and become a conservative talking point to drive more conservatives to the polls to stop these kinds of radical Judges from taking to ANY court, because with a GOP controlled Congress, NO liberal activist Judicial nominee will EVER get out of committee for a floor vote. And THAT is of critical importance, especially has unlikely as it is that Stevens or Ginsburg will make it to the end of Bush's term.
This is so important because the Judiciary effect ALL other major issues. The war (which liberal Judges have inserted themselves into the war), border control, immigration, gay marraige, Abortion, and states rights. All the major issues are effected by the courts and a GOP Congress is CRITICAL to stopping old liberal Judges from being replaced with new liberal Judges.