I don't see how pointing out that suspension of habeas corpus is an action that takes two branches of government is judgemental, one way or the other.
I happen to think that the surveillance as described is outside of the bounds of FISA (some would label that "against the law"), but is not unconstitutional. At the same time, I am not comfortable with the broad notion of unchecked executive power, even in time of war. Does that make me a shrill liberal?