When The Times disclosed the spying in late 2005, Mr. Bush argued that the attacks changed everything: Due process and privacy were luxuries the country could no longer afford. Far too many members of Congress bought this argument. Others, afraid of being painted as soft on terror, refused to push back. In 2008, at the White House’s insistence, they expanded the government’s ability to eavesdrop without warrants...
Fortunately, it has not completely succeeded.
The chief judge of the Federal District Court in San Francisco, Vaughn Walker, ruled last week that the 1978 Foreign Intelligence Surveillance Act was the law of the land for Mr. Bush and that when the government failed to get a warrant to wiretap, it broke the law. He also said that the government could not evade accountability with absurdly broad claims of state secrets.
http://www.nytimes.com/2010/04/04/opinion/04sun1.html