I don’t read a lot of lawblogs. Which legal bloggers have made specific arguments in favor of the NSA surveillance? Because everyone I’ve read has been against, even relatively conservative analysts.
My confidence that the surveillance was illegal derives in part from my outrage at the violation of the clear intent of FISA (which was enacted as a response to the NSA undertaking warrantless taps against American citizens), and partly from the persistent signs from actual lawyers that this program doesn’t cut it.
If there’s a serious defense being offered somewhere (and “Bush says it’s OK” is not a serious defense) I’d like to see it.