It not clear. I think we'd have to go to the transcript to see whether Judge Kornblum's comment was connected to or independent of the qualifer "if a warrant is refused..."
I also think that given the judges disclaimer ("unfamiliar with the latest NSA program), for DeBose to state that the judges are saying Bush is within law is to read what's not there into what is.
The existing FISA laws allows for after the fact warrant applications. Although I think the time period should be extended...
This is getting coverage in the MSM. It's in the NYT and the AP, but the over-arching message is that the five judges are backing the legislation to increase scrutiny.
I'm not convinced - read the quote: "If a court refuses a FISA application and there is not sufficient time for the president to go to the court of review, the president can under executive order act unilaterally, which he is doing now,"
President Bush didn't have applications refused. I think the reporter may be interpreting the remarks of the former FISA judge too broadly...