"As far as the 'lots of attorneys,' none of them are as smart as Posner. But, then again, perhaps no one alive is."
Here is the Posner piece and he flat out states these programs are no danger to our civil liberties. I suggest you actually read it.
http://www.washingtonpost.com/wp-dyn/content/article/2005/12/20/AR2005122001053_pf.html
Good catch about Posner article.
I will say this before I go to figure out a frosting for that cake, we have used warrantless wiretaps against Mobsters and I certainly think that wiretapping AQ who are in contact with Americans is not only appropriate but necessary. Mobsters did not represent a threat to American cities or western civilization, but we wiretapped American citizens anyway in an effort to reduce the influence of mobsters in nearly ever aspect of American life.
As well, no president in our nation's history as ceded authority to any legislative body when our nation was either at war or fighting an enemy.