the acquisition of the contents of communications transmitted by means of communications used exclusively between or among foreign powers, as defined in section 1801 (a)(1), (2), or (3) of this title;
there is no substantial likelihood that the surveillance will acquire the contents of any communication to which a United States person is a party;
these intercepts by definition are outside both of the above requirements. i support them, but the law you cite does not.
You need to go back and read 1801, which defines foreign powers as terrorist organizations. It's unambiguous.
So that takes care of your first point.
Second point, "substantial likelihood" means precisely what? I don't know. Presumably the WH does.
If this had cited (4) under 1801
(4) a group engaged in international terrorism or activities in preparation therefor;
Then I think this would apply.