Yes, I do get it. Your interpretation of this law effectively prevents the President from intercepting ANY phone call from an overseas al Qaeda phone number to the US, irrespective whether you answer the phone or Mohammed Atta answers the phone, and the reason is that the President has no idea who is answering the phone until after he intercepts it.
Sure, the President can always abuse his war powers no matter where you draw the line, but intercepting a phone call between an al Qaeda phone number and a US phone number is so far from an abuse that it's absurd to even discuss whether the President has abused his power by doing this.
No it doesn't. The law doesn't apply to people like Atta. It only applies to US citizens and permanent residents. They have always been able to tap Atta's or Bin Laden's phone. They've alwys been able to listen in when an emergency situation pops up. What this program says is that if John Doe(a US Citizen) is determined by the Pres to be involved with AQ, they can tap his phone and listen in to all his converstaions without telling anyone or getting any type of approval or being sucject to any type of review.
The 72 hr rule clearly takes care of any concerns one might have over any emergency situation. And if the Wh was so adamant, I'm sure they could ask Congress to change the 72 hour rule to say a one week rule, or a 30 day rule if they need more time. The bottom line is that hey've removed this program from any oversight or scrutiny by anyone. There was no reason for them to do so. Everything they want to do can be accomplished with the laws that are already in place, or that would be in place if the asked Congress.