"Appeals panel rejects secret court's limits on terrorist wiretaps "
In regards to this CNN article...this decision would seem to be fairly important to this whole question. No? I am, obviously, no "legal eagle", but this is saying basically that the panel decided these wiretaps do NOT violate the constution. Correct?
So, why would this be so secret? Why do we not hear of this anywhere else?
The FISA review court in "In re: Sealed Case" did not get to exactly that question, and instead was answering the question of "The Gorelick Wall" based on a request for review by then Atty Gen. John Ashcroft.
As for the question of "legal," you'll notice plenty of sloppy rhetoric. Were the searches within the parameters established by 50 USC 1801 et seq.? If so, some construe the action as "illegal." But even if outside of 50 USC 1801, et seq., the action may comport withe the Constitution. If so, do you call it "illegal but Constitutional?" or "legal?"
As for the case being a secret, you certainly know by now that the media operates by soundbite and subterfuge. The questions of legality and Constitutionality are not trivial, and even in the vaunted halls of FR, the discussions shed little light on the issues and balances involved. Where we as a country draw the line "reasonable" is a complex decision.