I just read the AG letter, and it sure reads like capitulation to me. Mark Levin will explain it all later, but this sure looks like a white flag to me.
I think Bush is simply tired of it all, and likely got this advice from Gonzales and said "sure, go ahead".
Well, the enemy knew all about the program since their buddies in the Senate, Rockefellar and Reid and other blabbermouths announced the program. So, in essence it was mostly neutralized anyway, but I tend to agree that atleast this way, the program won't be undercut by the lefties in Congress. Sometimes you have to play best with the lousy hand you're dealt and Bush is doing the best he can under these conditions.