I can't believe Gonzales is saying the FISA judges would leak. That is, if approval not granted, judge will leak (notify the targets that there was interest) - but if approval is granted, judge won't leak.
The Constitution charges the President with the primary responsibility for protecting the safety of all Americans, and the Constitution gives the President the authority necessary to fulfill this solemn duty. See, e.g., The Prize Cases, 67 U.S. (2 Black) 635, 668 (1863).
It has long been recognized that the Presidents constitutional powers include the authority to conduct warrantless surveillance aimed at detecting and preventing armed attacks on the United States. Presidents have repeatedly relied on their inherent power to gather foreign intelligence for reasons both diplomatic and military, and the federal courts have consistently upheld this longstanding practice. See In re Sealed Case, 310 F.3d 717, 742 (Foreign Intel. Surv. Ct. of Rev. 2002).
That could be a legal requirement!!!!
I think the Bush Administration doesn't trust the FISA court much..
I think that telling a denied target is in the statute.