In short, prior to the Patriot Act passage, the Administration launched a series of secret, warrantless wiretapping operations, which included snooping on Americans and wholesale data mining of innocent Americans' communications records (the latter only according to press reports). The Administration believes it can do this surveillance since it is a King in wartime and thus never asked Congress to make any of this legal in the Patriot Act for fear it would be turned down.
Years later, a part of this secret surveillance is revealed by the New York Times. After a year of criticism and revelations, the Administration agrees to let a super-secret and very compliant court oversee the program using some very super secret, and legally dubious program warrants. A few months later, a judge from this court finds portions of the program illegal. The administration refuses to make this decision public. Instead, it goes on offense and says it needs the power to wiretap anyone overseas including Americans.
Just read the entire article.
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