One more thought, based on my reading of source materials. THe "red tape" you talk of may be outside of the FISA Court. It may be that the administration hamstrung itself, as Clinton's did with the Gorelick Wall. To the investigator, red tape is red tape - and nobody blames their own guys for putting it in place.
And I too would like to know how much of that red tape is in place, where it is (that is, which department erected it), and the reasoning behind it.
*Bingo* The guy Rush spoke with indicated that the "red tape process" had to be completed BEFORE the warrant request could even get before the FISA court. Makes me think that it must be very complicated to reform the bureaucracy, but you're right, Bush screwed up by not implementing reforms.
Rather than change what was wrong with the process after 9/11, they got frustrated with the existing bureaucracy, red tape & time it took to go through those channels. It should have been changed immediately after 9/11, but Bush doesn't lend his ear to enough people in the know who are dealing with endless bureaucratic frustrations everyday which delay important action.
as Clinton's did with the Gorelick Wall
I disagree with you here. There is no way the Clinton/Gorelick Wall can be compared to this situation. The Clinton administration didn't hamstring themselves. They implemented the wall to deliberately control the flow of information. It was an obstacle that was MEANT to serve no other purpose. Corruption ran rampant through that administration and the wall was a way to help keep the lid on.
Pardon my midstream intrusion, but my understanding is the President doesn't need to go through FISA, because he has the power directly through the War Powers Act to wiretap without ANY court approval. Is that incorrect?