[oceanview]

it does not apply to foreign intercepts. and as we saw in the property searches of aldrich ames, it does not apply to persons who are agents of foreign powers.

[ndt]

"it does not apply to foreign intercepts."

Correct, if you are talking about non U.S. Persons, pretty much anything goes. That does not appear to be the case here though, U.S. Persons were involved and so it does apply.

"and as we saw in the property searches of aldrich ames, it does not apply to persons who are agents of foreign powers."

The Ames case is interesting in that it raises as many questions as it answers. In the Ames case the eavesdropping was done with a FISA warrant which would indicate that the feds at least thought it was prudent even if not necessary. The search and seizure part that was done without a warrant. At the time of the Ames search, FISA did not cover physical searches and so was not applicable.

Since both are now covered by FISA and FISA specifically bars anyone from bypassing it, one could argue that FISA, while providing the protection of "reasonableness" to the President against claims of 4th amendment violation, in other ways it ties his hand because it is an act of congress that specifically limits his discretion.