Re: President had legal authority to OK taps
I am no lawyer so I'm going to try to analyze this thing further legally except for the following comments. Besides the question you pose as to how the previous precedents apply, the WSJ piece also alluded to the fact that no president has yet to "recognize" FISA. Thus if FISA is in fact an unconstitutional limitation of the president's inherent powers, then he is free to comply or not as he pleases. This would be similar to the disputes over the War Powers Act.
And the fact that the Attorney General, though a political appointee, has vetted the president's actions is not insignificant as he is the chief legal interpreter in absence of court decisions, although I don't believe his opinion carries the force of law as it does in many states with a state AG.
If the president has in fact exceeded his authority, then the only way such a determination can be made is for members of congress to bring a suit before the SCOTUS and have them decide it.
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