. . . in January: (
http://www.democracynow.org/article.pl?sid=06/01/24/1516258)
REPORTER: Quick follow-up. Are you saying the sheer volume of warrant-less eavesdropping has made FISA inoperative?
GEN. MICHAEL HAYDEN: No. I'm saying that the characteristics we need to do what this program is designed to do, to detect and prevent, okay, make FISA a less useful tool. It’s a wonderful tool, it's a wonderful thing for the nation, in terms of fighting the war on terror, but in this particular challenge, this particular aspect, detect and prevent attacks, what we're doing now is operationally more relevant, operationally more effective.
FISA isn't an administration or military tool.
FISA's a check on their authority. It's a regulation. It's the law.
It's not a 'tool' that they can choose to use at their discretion. It is a check on their imperious authority. There is no way for the administration to credibly determine whether there is the degree of probable cause necessary to legally trigger the type of surveillance of Americans they are practicing.