I was snarky to sugarpop, and I apologize for that. Any snark you read in my comments to you is strictly your reading of it.
My question is on the table: does the AUMF authorize the bypassing of FISA? I don't know; my guess is that it does, based on some of the Wiki entry on the controversy. But the length of the entry, and its 156 citations, tell us it's a very complex question, at least. The signing of memos taking a position on it (or cover for it) does not alter the question.
My instinctive take on it is from a letter in that article:
Quote:
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The president’s power as military commander in chief, in time of constitutionally authorized war, of course includes the power to intercept enemy communications, including enemy communications with persons here in the United States who may be in league with the enemy, and to follow the chain of such communications where it leads, in order to wage the war against the enemy and, of vital importance, to protect the nation against further attacks.
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That sounds reasonable.
As far as the "circumvention" of Geneva and the USCoT, my position is that Geneva doesn't apply, and the USCoT seems to lack the specific language needed to make a legal case. It doesn't mention waterboarding and doesn't give concrete examples in its definition of torture. It's weak, as is the entire notion of international law in the first place.