Turley is basing this on the fact that Congress didn't "officially" declare war
However .. Congress did give the President the authority to fight this war ... with over sight
Which the President did do .. he took it to the AG, FISA .... AND to Congress Leadership and briefed them all
Echelon, the National Security Agency's shadowy data collection system operated in conjunction with friendly nations, could be used against Americans. Information gathered from Echelon and other electronic surveillance by foreign governments could be used against Americans "even if the collection would have violated the Fourth Amendment," according to the Justice Department's analysis of MATA.
That was passed by the House and included in the Patriot Act.