Yep. The people who took the Washington Times report for the proposition that "Judges in the Hearings said the President's NSA program was legal" are also outed.
The judges didn't conclude that - they said they don't know the program, so can't reach a conclusion; but also that there is a space of constitutional surveillance activity outside of FISA.
"In most of the circuits, the law is clear that the President has the authority to do warrantless surveillance if it is to collect foreign intelligence and it is targeting foreign powers or agents. If the facts support that, then the district judge could make that finding and admit the evidence, just as they did in Truong-Humphrey."
At least the Wash Times was in the ball park. But I agree they overstated it.